What Is a Felony in Massachusetts and New Hampshire?
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
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Although both Massachusetts and New Hampshire classify crimes as either felonies or misdemeanors, the legal definitions and consequences vary between the two states. Understanding the distinction is critical because it affects everything from sentencing to criminal records and long-term rights.
Felonies in Massachusetts
Under Massachusetts General Laws, Chapter 274, Section 1,
“A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.”
In other words, any crime that carries the possibility of a state prison sentence is considered a felony in Massachusetts.
If the maximum penalty is jail time in a county house of correction rather than state prison, the offense is a misdemeanor.
Examples of Felonies in Massachusetts include:
- Assault and Battery with a Dangerous Weapon (ABDW)
- Drug distribution
- Larceny over $1,200
- Burglary or Breaking and Entering
- OUI (Operating Under the Influence) — Third Offense or higher
- Armed robbery, rape, or manslaughter
Penalties:
Felonies in Massachusetts can result in lengthy committed sentences in state prison, often much longer than 2½ years which is the maximum penalty for all misdemeanors in Massachusetts. Felonies often carry mandatory-minimum committed sentences, extended probation, and serious collateral consequences such as loss of firearm rights, difficulty finding employment/housing, and potential immigration issues such as deportation or being barred from obtaining citizenship..
Felonies in New Hampshire
Under New Hampshire Revised Statutes Annotated (RSA) 625:9, crimes are classified as felonies, misdemeanors, or violations, based on the maximum potential punishment.
A felony in New Hampshire is any crime for which the possible punishment exceeds one year of imprisonment.
New Hampshire further divides felonies into Class A and Class B categories:
- Class A Felonies:
Punishable by up to 15 years in state prison (and in some cases more), along with substantial fines.
Examples: aggravated assault, robbery, serious drug trafficking, or certain sexual assaults. - Class B Felonies:
Punishable by up to 7 years in state prison and lower fines.
Examples: theft over $1,500, possession of controlled drugs with intent to distribute, or certain fraud crimes.
Misdemeanors in New Hampshire, by contrast, are punishable by less than one year in a state prison.
Key Differences Between the Two States
| Category | Massachusetts | New Hampshire |
|---|---|---|
| Defining Law | M.G.L. c. 274, § 1 | RSA 625:9 |
| Felony Definition | Punishable by death or state prison | Punishable by more than one year imprisonment |
| Classification | No letter grades (based on punishment) | Class A and Class B Felonies |
| Sentencing Location | State prison (felony) or house of correction (misdemeanor) | State prison (felony) or county jail (misdemeanor) |
| Example Threshold | Larceny over $1,200 is a felony | Theft over $1,500 is a felony |
Collateral Consequences of Felonies in Both States
A felony conviction — in either Massachusetts or New Hampshire — can have life-changing consequences, including:
- State prison time or long-term probation
- Permanent criminal record
- Loss of firearm ownership rights
- Difficulty finding employment, housing, or professional licensing
- Immigration or travel restrictions (for non-citizens)
Because of these severe consequences, it’s critical to have an experienced criminal defense attorney familiar with the specific laws, courts, and prosecutors in your state — or in both states.
If you are a resident of one state facing charges in the other, it is crucial to have a defense attorney familiar with the laws of both and understanding of how collateral consequences of a conviction can affect you in each state. For example, there are certain driving offenses in NH that do not result in an automatic loss of driver’s license but if your drivers license is from MA, upon conviction MA will suspend your drivers license even though the offense occurred in NH and even though NH did not suspend your right to operate a motor vehicle in their state.
