Three Strikes and Habitual Offender Laws in Massachusetts
How Massachusetts law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: Massachusetts has two habitual offender rules. A person convicted of a felony who has two prior convictions with state or federal prison sentences of at least 3 years each is a habitual criminal and must receive the maximum term provided by law for the new felony. G.L. c. 279, §25(a)-(c)
| Three strikes and habitual offender laws | Massachusetts has two habitual offender rules. A person convicted of a felony who has two prior convictions with state or federal prison sentences of at least 3 years each is a habitual criminal and must receive the maximum term provided by law for the new felony. A person with two prior convictions for listed violent or sexual crimes (specific sections of chapters 265, 266 and 272), each with a prison sentence of at least 3 years, who commits a third listed crime must receive the maximum term for that crime, with no reduction, suspension, probation, parole, work release, furlough or good-conduct credit. Juvenile adjudications do not count for the second rule, and a pardon on grounds of innocence removes a prior. The listed crimes for §25(b) are specified by section number in chapters 265, 266 and 272. Source: G.L. c. 279, §25(a)-(c) |
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FAQ
Does Massachusetts have a three strikes law?
Massachusetts has two habitual offender rules. A person convicted of a felony who has two prior convictions with state or federal prison sentences of at least 3 years each is a habitual criminal and must receive the maximum term provided by law for the new felony. A person with two prior convictions for listed violent or sexual crimes (specific sections of chapters 265, 266 and 272), each with a prison sentence of at least 3 years, who commits a third listed crime must receive the maximum term for that crime, with no reduction, suspension, probation, parole, work release, furlough or good-conduct credit. Juvenile adjudications do not count for the second rule, and a pardon on grounds of innocence removes a prior.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.