{"id":373978,"date":"2016-03-31T21:35:35","date_gmt":"2016-04-01T02:35:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-first-degree-murder-law.html"},"modified":"2025-07-22T11:53:00","modified_gmt":"2025-07-22T16:53:00","slug":"massachusetts-first-degree-murder-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-first-degree-murder-law.html","title":{"rendered":"Massachusetts First-Degree Murder Law"},"content":{"rendered":"\n
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Massachusetts First-Degree Murder Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In the Commonwealth of Massachusetts, a person commits first-degree murder when they intentionally and deliberately kill another person with premeditation. Murder in the first degree can also occur when a person commits a serious felony, and someone dies during the commission, attempt, or escape from a felony. This type of homicide is known as felony murder.<\/blockquote>\r\n

Regardless of which type of charges you\u2019re facing, the penalties are severe. If you\u2019re guilty of first-degree murder<\/a>, it can result in a maximum sentence of life in prison<\/a> without the possibility of parole.<\/p>\r\n

This article explains how Massachusetts\u2019s first-degree murder laws work. It also discusses the penalties and defenses to this crime. If the state has charged you with first-degree or second-degree murder<\/a>, meeting with an experienced criminal defense attorney<\/a> should be done sooner rather than later.<\/p>\r\n

We’ve also included links to helpful FindLaw articles on similar subjects at the bottom of this page.<\/p>\r\n

First-Degree Murder and Felony Murder<\/b><\/h2>\r\n

Massachusetts follows the felony murder rule. The primary difference between first-degree murder and felony murder<\/a> has to do with intent. With first-degree murder, the state must prove that you intended to kill someone and that you planned their death. With felony murder, all the prosecutor has to prove is that someone died during the commission of a felony.<\/p>\r\n

An example of murder is when a person plans to kill their spouse and then follows through with the murderous act. Felony murder occurs when a defendant intends to rob a bank<\/a>, and a customer or clerk dies during the holdup.<\/p>\r\n

These crimes previously carried a punishment of death, but Massachusetts abolished the death penalty in 2014. Today, the maximum sentence<\/a> for these crimes is life imprisonment without the possibility of parole.<\/p>\r\n

Massachusetts First-Degree Murder Laws: Summary<\/b><\/h2>\r\n

The following table highlights the main provisions of the Massachusetts first-degree and felony murder laws.<\/p>\r\n\r\n

Massachusetts First-Degree Murder Code Section<\/b><\/p>\r\n<\/th>\r\n

Massachusetts General Laws, Part IV, Title I Chapter 265, Section 1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Definitions of First-Degree Murder in Massachusetts<\/b><\/p>\r\n<\/th>\r\n

What Is Felony Murder?<\/b><\/p>\r\n<\/th>\r\n

A homicide that takes place during the attempt, commission, or escape from specific felony crimes that are punishable by life in prison constitutes felony murder. Examples of applicable felonies include:<\/p>\r\n

Malice Aforethought Under Massachusetts First-Degree Murder Law<\/b><\/p>\r\n<\/th>\r\n

Malice aforethought includes any intent to inflict serious bodily injury or death upon another human being.<\/p>\r\n<\/td>\r\n<\/tr>

Extreme Atrocity or Cruelty and Massachusetts First-Degree Murder<\/b><\/p>\r\n<\/th>\r\n

A jury decides if this element of the crime was present during the homicide.<\/p>\r\n

Various factors that juries consider when making this determination include:<\/p>\r\n

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  • The amount of conscious suffering the victim experienced and the defendant’s disregard for that suffering<\/li>\r\n
  • The degree of the victim’s physical injuries and bodily harm<\/li>\r\n
  • How many times the defendant struck the victim with an instrument or weapon<\/li>\r\n
  • The type of instruments or weapons the defendant uses<\/li>\r\n
  • Any other relevant information<\/li>\r\n<\/ul>\r\n

    The prosecution doesn’t need to establish any deliberate premeditation, just malice aforethought.<\/p>\r\n<\/td>\r\n<\/tr>

Potential Civil Cases After a Massachusetts First-Degree Murder<\/b><\/p>\r\n<\/th>\r\n

Possible wrongful death<\/a> lawsuit by the victim\u2019s family.<\/p>\r\n<\/td>\r\n<\/tr>

Massachusetts First-Degree Murder Penalties<\/b><\/p>\r\n<\/th>\r\n

Anybody convicted of first-degree murder faces a maximum sentence of life imprisonment without parole<\/a>. All first-degree murder convictions trigger an automatic appeal to the state Supreme Judicial Court.<\/p>\r\n<\/td>\r\n<\/tr>

Possible Defenses to Massachusetts First-Degree Murder<\/b><\/p>\r\n<\/th>\r\n