{"id":374022,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-second-degree-murder-law.html"},"modified":"2025-07-23T16:01:19","modified_gmt":"2025-07-23T21:01:19","slug":"massachusetts-second-degree-murder-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-second-degree-murder-law.html","title":{"rendered":"Massachusetts Second-Degree Murder Law"},"content":{"rendered":"\n
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Massachusetts Second-Degree Murder Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\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

When somebody kills another human being, regardless of intent, it’s considered homicide. When someone plans the murder and intends to kill their victim, it qualifies as murder. The only question is whether it constitutes first-degree or second-degree murder.<\/blockquote>\r\n

In Massachusetts, the maximum sentence for first-degree murder<\/a> is life imprisonment without the possibility of parole. For second-degree murder, the defendant still faces life in prison. However, they may become eligible for parole after serving a specific number of years.<\/p>\r\n

The primary difference between murder in the first and second degree has to do with intent. This article will explain how Massachusetts law distinguishes between the two crimes. It also examines the potential penalties and defenses to second-degree murder in the Commonwealth of Massachusetts.<\/p>\r\n

If you\u2019re facing second-degree murder charges, reaching out to an experienced criminal defense attorney<\/a> after your arrest is a good idea. We’ve also included links to pertinent FindLaw articles at the bottom of the page.<\/p>\r\n

Second-Degree Murder in Massachusetts<\/b><\/h2>\r\n

In the Commonwealth of Massachusetts, a person commits second-degree murder<\/a> when they take a human life with malice aforethought but without premeditation. This distinguishes it from first-degree murder, which does require planning and deliberation.<\/p>\r\n

Second-degree murder cases typically involve \u201cheat of passion\u201d killings. At the moment the murder occurs, the killer intends to kill the victim. Up to that moment, they had no intent to cause serious bodily injury or death.<\/p>\r\n

If a person catches their spouse with a lover and kills both in the heat of passion<\/a>, it\u2019s considered second-degree murder. There was no premeditation or plan for killing before they were caught in the act, causing an extreme emotional response. It will likely be charged as two counts of second-degree murder.<\/p>\r\n

Felony Murder<\/b><\/h2>\r\n

Massachusetts law also categorizes felony murder as second-degree murder. This charge applies when a person dies while the defendant commits or attempts to commit certain violent felonies.<\/p>\r\n

According to the Massachusetts criminal law, the following crimes qualify for felony murder:<\/p>\r\n