Legal Question in Criminal Law in Massachusetts

m.g.l.266 16 or m.g.l.266 16a

I was arrested for breaking into cars at night. In Ma this is a felony because it was night time. There are two different classifications for this. To my knowledge this was the only felony that night. I was wondering what charge I would have been charged with the one with the 20 year sentence or the one with the 6 month sentence. I was given one year suspended sentence into three years probation and community service. The reason I'm wondering is I would like to get a F.I.D. card (and yes you can get a F.I.D. card with a felony aslong as the sentence is one year or less. Any and all information would be helpfull. Thank you.


Asked on 4/02/09, 8:47 am

2 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: m.g.l.266 16 or m.g.l.266 16a

Based on the sentence you received, you were clearly charged under MGL c. 266, s. 16 (and not under MGL c. 266, s. 16A). The maximum sentence allowable under s. 16A is 6 months in the house of correction, and your suspended sentence was for longer than that (i.e., 1 year). As a result, it had to be done under s. 16.

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Answered on 5/13/09, 1:44 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: m.g.l.266 16 or m.g.l.266 16a

It usually depends on the court. In district court there is a different max than in superior court.

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Answered on 4/04/09, 8:35 am


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