If you or a loved one are facing criminal charges in Massachusetts, one of the first things you’ll notice on your paperwork is the name of the court. You might find yourself in a District Court or a Superior Court. But what is the difference, and why does it matter?
In Massachusetts, the court that handles your case depends on the “jurisdiction,” basically, the legal authority, granted to that court by state law.
The Two Main Paths
Most criminal cases start in the District Court. However, Massachusetts has a “concurrent jurisdiction” system. This means that for many serious crimes, both the District and Superior Courts have the authority to hear the case. For the most serious crimes, they must be indicted to Superior Court.
- District Court: This is where the majority of criminal cases are resolved. While it handles all misdemeanors, it can also handle certain felonies. However, the District Court has a limit on the length of a prison sentence it can impose (usually up to 2.5 years in the county jail, or “House of Correction”).
- Superior Court: This court has jurisdiction over any crime, but generally handles the most serious felonies, such as murder, rape, and drug trafficking. If the prosecution wants to seek a sentence in state prison, they must indict the case, moving it from the District Court to the Superior Court. For those cases having concurrent jurisdiction, the prosecution has complete discretion whether to indict you or leave the case in District Court.
Why “Jurisdiction” Matters to You
Not every felony can stay in District Court. If a crime is not specifically listed in the Massachusetts General Laws as being within the District Court’s jurisdiction, it must be heard in Superior Court.
Knowing whether your charge can stay in District Court is a vital part of your defense strategy. Staying in District Court often means faster resolutions and lower maximum potential penalties.
Below is the official list of offenses that the Massachusetts District Court has the “final jurisdiction” to try and sentence. If your charge isn’t on this list (or isn’t a misdemeanor), it likely belongs in Superior Court.
OFFENSES WITHIN DISTRICT COURT CRIMINAL JURISDICTION
G.L. c. 218, § 26 (as amended through St. 2010, c. 74, § 1A, effective 7/11/2010)
The District Court has final jurisdiction over (i.e., jurisdiction to try and sentence for) the following offenses:
- Municipal ordinances. Violations of municipal bylaws, orders, ordinances, rules and regulations
- Misdemeanors. All misdemeanors except criminal libels
- 5-year felonies. All felonies punishable by state prison for not more than 5 years
- Certain other felonies. The following felonies punishable by state prison for more than 5 years:
| Statute | Description of Offense |
| G.L. c.90, §24G(a) | Felony vehicular homicide |
| G.L. c.90, §24L(1) | Felony OUI-Motor Vehicle causing serious bodily injury |
| G.L. c.90B, §8(a) (1) | Fourth-offense or Fifth-offense OUI-Boat |
| G.L. c.94C, §32(a) | First-offense distribution or possession with intent to distribute Class A controlled substance |
| G.L. c.94C, §32A(a) | First-offense distribution or possession with intent to distribute Class B controlled substance |
| G.L. c.94C, §32J | Drug violation near school/park |
| G.L. c. 127, § 38B | Assault and battery on a correctional facility employee |
| G.L. c. 140, §131E | Purchase firearm for another’s unlawful use or for an unlicensed person |
| G.L. c.265, §13B | Indecent assault and battery on a child under 14 |
| G.L. c.265, §13K(c) | Assault and battery on person 60 or older or disabled person with serious injury |
| G.L. c.265, §13K(e) | Caretaker permit serious injury to person 60 or older or disabled person; Assault and battery on person 60 or older with dangerous weapon |
| G.L. c.265, §15A(a) | Assault and battery with a dangerous weapon |
| G.L. c.265, §15A(b) | Assault and battery with a dangerous weapon |
| G.L. c.265, §21A | Armed carjacking; Carjacking |
| G.L. c.266, §16 | Breaking and entering in the nighttime for felony |
| G.L. c.266, §17 | Breaking into depository; Entering in the nighttime for felony and putting in fear, armed or not |
| G.L. c.266, §18 | Breaking and entering in the daytime for felony and putting in fear, armed or not; Breaking and entering in the daytime for felony, armed or not; Entering dwelling in the nighttime for felony, armed or not |
| G.L. c.266, §19 | Breaking and entering a railroad car for felony; Entering a railroad car in the nighttime for felony |
| G.L. c.266, §28(a) | Larceny of motor vehicle or trailer; Malicious damage to a motor vehicle; Receiving, concealing or controlling a stolen motor vehicle or trailer |
| G.L. c.266, §28(b) | Taking and stealing parts from a motor vehicle; Concealing a motor vehicle thief |
| G.L. c.266, §30(5) | Larceny over $250 from a person over 60 or disabled person |
| G.L. c.266, §49 | Making or possessing a burglarious instrument or auto master key |
| G.L. c.266, §127 | Malicious destruction of personal property over $250 |
| G.L. c.267, §§ 1, 5 | Forgery or uttering of forged promissory note or order for money or property |
| G.L. c.268, §13B | Intimidation of a witness or juror |
| G.L. c.268, §16 | Escape or attempted escape from penal institution |
| G.L. c.273, §§ 1(2) or 15 & 15A(2) | Leave Commonwealth without supporting spouse or child |
| G.L. c.273, §§ 1(3) or 15 & 15A(2) | Enter Commonwealth without supporting spouse or child |
- Referred by SJC. Proceedings referred to the District Court by an SJC justice pursuant to G.L. c. 211, § 4A.
Are you concerned about where your case is being heard? If you are facing charges and want to understand your options, call the experienced attorneys at Simons Law Office at 781-797-0555 today for a phone consultation. We can help you navigate the complexities of the Massachusetts court system.
