Murder & Homicide

Massachusetts recognizes six types of homicide charges based on intent, circumstances, and conduct. Each charge carries different legal requirements and penalties.

‍First-Degree Murder
- Murder with deliberately premeditated malice aforethought (planned killing)
- Murder with extreme atrocity or cruelty
- Felony murder (death occurring during commission of certain serious felonies like armed robbery, rape, or burglary)
- Most serious homicide charge in Massachusetts
- Requires proof of intentional killing with specific mental state

‍Second-Degree Murder
- Intentional killing with malice but without premeditation
- Killing showing conscious disregard for human life
- Any murder that doesn’t meet first-degree murder requirements
- Key difference from first-degree: lacks premeditation or extreme cruelty

‍Voluntary Manslaughter
- Intentional killing in “heat of passion”
- Caused by sudden combat or reasonable provocation
- Distinguishing factor: defendant acted without time to cool off or reflect
- Reduces murder charge when emotional circumstances are present

‍Involuntary Manslaughter
- Unintentional killing through wanton or reckless conduct
- Death caused during commission of a battery
- Key difference from murder: no intent to kill
- Prosecution must prove reckless disregard for risk of death

‍Vehicular Homicide
- Death caused by negligent or reckless operation of a motor vehicleDoes not require proof of OUIApplies when vehicle operation causes death through recklessnessLesser charge than vehicular homicide while OUI

‍Vehicular Homicide While OUI
‍Death caused while operating motor vehicle under influence of alcohol or drugsAlso called motor vehicle homicide or OUI manslaughterCarries mandatory minimum sentencesMore serious than standard vehicular homicide due to OUI element

The penalties for murder and homicide convictions in Massachusetts are among the most severe in the criminal justice system, but outcomes vary dramatically based on your defense.

‍First-Degree Murder: A conviction carries a mandatory sentence of life in state prison without the possibility of parole for adult offenders. Massachusetts abolished the death penalty, but life without parole means exactly that—you would spend the rest of your natural life in prison with no chance of release. For juveniles (ages 14-17 at the time of the offense), Massachusetts law now provides the possibility of parole after 20-30 years.

‍Second-Degree Murder: A conviction results in a life sentence in state prison with the possibility of parole after 15 years or more, as determined by the court.

‍Manslaughter: Voluntary and involuntary manslaughter convictions carry up to 20 years in state prison. Vehicular homicide convictions vary based on circumstances. Vehicular homicide while operating under the influence carries a mandatory minimum of 5 years in state prison (up to 20 years maximum) with no possibility of probation, parole, or furlough until the mandatory minimum is served.

These consequences can feel overwhelming, and they are serious. But with experienced legal representation, outcomes vary dramatically. Many murder charges are reduced to lesser offenses through effective defense work. Some cases result in complete acquittals at trial. Others are resolved through favorable plea agreements that substantially reduce potential sentences. The key is having an attorney who knows how to fight for you from the first moment of your case.

Every murder and homicide case is unique, and defense strategies must be tailored to your specific circumstances. Hope exists—defenses are available, and outcomes vary based on the facts of your case and the quality of your legal representation.

‍Self-Defense: Massachusetts law recognizes the right to use reasonable force, including deadly force, to defend yourself or others from imminent harm. If you reasonably believed you were in danger of death or serious bodily harm and used only the force necessary to protect yourself, you may have acted in lawful self-defense.

‍Challenging the Evidence: Your attorney may be able to suppress evidence obtained through illegal searches, coerced confessions, or violations of your constitutional rights. Challenging the reliability of witness identifications, forensic evidence, or crime scene reconstruction can create reasonable doubt about what actually occurred.

‍Lack of Intent: For murder charges, the prosecution must prove specific intent or malice. If the death was accidental, if you lacked the mental state required for murder, or if your actions didn’t demonstrate the required level of intent, the charge may be reduced to manslaughter or dismissed entirely.

‍Mistaken Identity: In cases where you are accused of a crime you didn’t commit, your attorney can present alibi evidence, challenge eyewitness identifications, point to forensic evidence excluding you as the perpetrator, or demonstrate that another person committed the crime.

‍Mental Health Defenses: If you were suffering from a mental disease or defect that prevented you from understanding the wrongfulness of your actions or from forming the required intent, Massachusetts law provides for verdicts of not guilty by reason of insanity or findings of lack of criminal responsibility.

‍Provocation and Heat of Passion: For murder charges that can be reduced to voluntary manslaughter, your attorney may present evidence that you acted in the heat of passion caused by sudden provocation, reducing the charge from murder to a lesser offense.

Every case is different. What works depends entirely on your specific facts, your evidence, and your circumstances. Early investigation, preservation of evidence, and experienced legal representation make the difference between favorable outcomes and worst-case scenarios.

Don't face this alone — contact us today for a confidential consultation to discuss your case and explore your defense options.