Misdemeanor vs. Felony Charges in Bristol County, MA

When you’re facing misdemeanor vs felony criminal charges in Bristol County—or trying to help a loved one who is—the first question on your mind probably isn’t about legal definitions. It’s something more like, “How serious is this? What’s going to happen to me?”

The answer depends heavily on whether you’re facing a misdemeanor or a felony. That distinction shapes everything, from which court handles your case, to what penalties are on the table, to what options your attorney has in terms of a defense strategy.

Understanding your charges is the first step toward navigating your case with clarity and confidence.

Courtney K. Fogarty of Fogarty Law is a criminal defense attorney based in New Bedford who has spent more than a decade on both sides of Massachusetts courtrooms—first as a prosecutor, now as a defense attorney.

Below, we break down what this distinction means for your rights and your freedom when you’re facing charges in Bristol County.

What’s the Difference Between a Misdemeanor and a Felony in Bristol County, MA?

Massachusetts law keeps this definition simple. Under Massachusetts General Laws Chapter 274, Section 1, a crime that can be punished by death or a state prison sentence is a felony. Every other crime is a misdemeanor.

The key phrase in that definition is state prison. In Massachusetts, there are two types of criminal incarceration facilities:

• State prisons, which house people convicted of felonies
• County houses of correction, which house people convicted of misdemeanors

If the law you’re charged under doesn’t include a possible state prison sentence—even if it carries up to two and a half years in a house of correction—it’s a misdemeanor.

Common misdemeanor charges in Bristol County include:

• Trespassing
• Simple assault
• First-offense OUI
• Disorderly conduct
• Shoplifting or larceny under $1,200
• Drug possession (personal use amounts)

By comparison, common felony charges in Bristol County include:

• Assault and battery with a dangerous weapon
• A third or subsequent OUI offense
• Unlawful possession of a firearm
• Drug distribution or trafficking
• Kidnapping or rape
• Armed robbery

For a deeper look at how these charges are defined and prosecuted across the Commonwealth, see our guides on misdemeanor charges in Massachusetts and felony charges in Massachusetts.

Does the Classification of Your Charge Change What Penalties You Face?

Yes—significantly. The misdemeanor or felony classification determines which court hears your case, what the maximum sentence is, whether you’re facing county jail or state prison time, and how the charge impacts things like your housing or your job.

Said another way, a misdemeanor conviction and a felony conviction can produce very different outcomes in your life, even when the underlying facts of the alleged crime seem similar.

This is why it’s crucial to know that the charge you’re initially facing isn’t always the charge you end up going to trial for.

When and Why Your Criminal Charges Can Change

Criminal charges are not always fixed from the moment of your arrest. They can escalate, and in the right circumstances, they can also be reduced.

First, let’s cover how misdemeanors can become felonies. Aggravating factors can push a charge into felony territory.

Larceny is a straightforward example—under $1,200 is a misdemeanor; over $1,200 becomes a felony under Massachusetts General Laws Chapter 266, Section 30.

Assault and battery follow a similar pattern. Simple assault and battery is a misdemeanor, but under Massachusetts General Laws Chapter 265, Section 13A, it becomes a felony if it results in serious bodily injury, if the victim is pregnant, or if there’s an active restraining order against the defendant.

So, how can felony charges be reduced to a misdemeanor? Depending on the charge, the strength of the evidence, and the defendant’s background, an experienced, aggressive Bristol County criminal defense attorney can sometimes negotiate a felony down to misdemeanor charges through plea discussions or pretrial motions.

In Bristol County, pretrial probation is another avenue worth understanding. This is an agreement that allows you to complete a period of supervised probation before trial, with charges dismissed if the terms are met.

It isn’t available in every case, but for eligible first-time or lower-level offenders, it can mean avoiding a conviction entirely.

How Misdemeanor and Felony Cases Move Through Bristol County Courts

In Bristol County, misdemeanor cases are handled at the District Court level. These courts handle arraignments, pretrial hearings, and trials for less serious criminal offenses:

• New Bedford District Court – 75 N. Sixth St, New Bedford, MA 02740 | (508) 999-9700
• Fall River District Court – 186 S. Main St, 5th Floor, Fall River, MA 02720 | (508) 491-3200
• Attleboro District Court – 88 North Main St, Attleboro, MA 02703 | (508) 222-5900

Felony cases are more complicated. Many felonies begin in District Court and can stay there if the charge carries a possible house of correction sentence alongside the state prison sentence.

But serious felonies may move to Superior Court—either because the charge carries only a state prison sentence, or because the case is presented to a grand jury and indicted. Bristol County has three Superior Court locations:

• Bristol County Superior Court (Taunton) – 9 Court St, Taunton, MA 02780 | (508) 823-6588
• Bristol County Superior Court (Fall River) – 186 S. Main St, Suite 302, Fall River, MA 02720 | (508) 491-3300
• Bristol County Superior Court (New Bedford) – 441 County St, 1st Floor, New Bedford, MA 02740 | (508) 996-2051

Superior Court means more serious sentencing exposure and a more complex legal process. If your case is heading in that direction, the time to have an experienced attorney working for you is before it gets there, not after.

Potential Penalties of Misdemeanor Vs. Felony Charges in Bristol County

Misdemeanor penalties in Massachusetts can include:

• Fines up to $5,000, depending on the charge
• Up to 2.5 years in a county house of correction
• Probation, community service, or mandatory counseling
• A conviction on your CORI (Criminal Offender Record Information) that employers, landlords, and licensing boards can access

Felony penalties in Massachusetts can include:

• Loss of the right to possess a firearm
• Immigration consequences for non-citizens
• Substantial fines and court-ordered restitution
• Long-term impacts on professional licenses and housing eligibility
• State prison sentences ranging from one year to life, depending on the charge
• Mandatory minimum sentences on certain charges that a judge cannot waive, regardless of circumstances

Sentencing in Bristol County is shaped by the Massachusetts Sentencing Guidelines, the nature of the specific offense, the defendant’s prior record, and the facts of the case as presented.

How Criminal Charges Impact Your Criminal Record and Your Life

Both misdemeanor and felony convictions show up on your Massachusetts CORI (iCORI Service). This is the background check report that employers, landlords, and licensing boards use. Dismissed charges and not-guilty findings also appear initially, though they can be sealed.

The long-term impact of a criminal record goes beyond the courtroom. A conviction—even just for a misdemeanor—can affect job applications, housing, professional licensing, and in some cases immigration status.

But be aware that Massachusetts does provide pathways for sealing and expungement.

Misdemeanor records may be eligible for sealing after a three-year waiting period from the completion of the sentence, while felony records generally require seven years and must meet additional eligibility criteria.

The right time to start thinking about your long-term options is now, because the defense strategy you pursue today affects which of these doors are open to you later.

Get Clarity on Your Next Steps from an Aggressive Bristol County Defense Attorney

The difference between a misdemeanor and a felony matters, but so does the attorney you choose to advocate for your rights and your future. You need a strategic attorney who understands how Bristol County prosecutors build their cases, how evidence gets evaluated, and where there’s room to fight.

Courtney K. Fogarty spent years as an Assistant District Attorney in Massachusetts before focusing on criminal defense. She knows exactly how the other side thinks and how to fight back, because she used to be the other side.

Courtney offers a free 60-minute consultation to all potential clients. Call (508) 317-0339 or contact Fogarty Law today. Don’t leave your future up to chance.

Frequently Asked Questions About Misdemeanor and Felony Charges in Bristol County

Can a felony charge be reduced to a misdemeanor in Bristol County?

Sometimes, yes. Felony charges can be reduced through negotiation, pretrial motions, or diversion depending on the charge, the evidence, and the defendant’s history. This outcome is not guaranteed, but it’s one of the most important things an experienced criminal defense attorney pursues early on. Courtney K. Fogarty’s background as a former prosecutor in Massachusetts gives her a practical understanding of how Bristol County prosecutors evaluate their cases—and where reductions are realistically achievable.

Do misdemeanor convictions show up on background checks in Massachusetts?

Yes. Both misdemeanor and felony convictions appear on a Massachusetts CORI report. Employers, landlords, and professional licensing boards may be able to access this information depending on the type of background check and the nature of the offense. Even dismissed charges and not-guilty findings initially appear on a CORI, though they can be sealed.

Are first-time offenders treated differently in Bristol County?

In many cases, yes, but it’s not automatic. First-time offenders may be eligible for pretrial probation, a continuance without a finding (CWOF), or other diversion options that can resolve a case without a criminal conviction on record. Whether those options are available depends on the specific charge, the circumstances, and how the case is presented. Working with an experienced Bristol County defense attorney from the start significantly improves the odds of achieving those outcomes.