First-Degree Murder in Massachusetts
In the Commonwealth, a person commits first-degree murder when he or she intentionally kills another person deliberately and with premeditation. First-degree murder can also happen when a person commits a serious felony and a death occurs. This is often referred to as "felony murder." For a charge of felony murder, the prosecutor doesn't need to prove that the killing was intentional, but merely a consequence of committing some other felony that is punishable by death or life imprisonment.
An example of a felony murder is when a defendant commits a bank robbery and accidentally shoots the security guard while trying to flee. He or she may not have meant to kill the guard, but it happened during a the comission of a serious felony.
Finally, if a homicide is exceptionally brutal or savage, a jury can convict a person under this law.
The following table highlights the main provisions of Massachusetts first-degree and felony murder laws. See also Voluntary Manslaughter, Involuntary Manslaughter, First Degree Murder Defenses, and First Degree Murder Penalties and Sentencing .
Code Sections |
MGL Chapter 265, Section 1
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What is Prohibited |
- An unlawful killing that was committed
- deliberately with premeditation and malice aforethought, or
- a murder executed with extreme atrocity and cruelty (no premeditation, just malice aforethought), or
- a murder resulting from the commission of a crime punishable with death or imprisonment for life. (Felony Murder)
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Felony Murder |
A homicide (killing of a human) that takes place in conjunction with a certain felony crimes punishable by death or life in prison, such as robbery, burglary, etc.
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Malice Aforethought |
Malice aforethought can include any intent to inflict a serious bodily injury or death upon another person. |
Extreme Atrocity or Cruelty |
A jury gets to decide if this element of the crime was present during the homicide. Various factors that juries can weigh on this element include:
- The amount of conscious suffering the victim experienced, and the defendant's disregard of the same;
- the degree of the victim's physical injuries;
- how many times the victim was struck with an instrument or weapon;
- the type of instrument(s) or weapons(s) used (including fists);
- Any other relevant information.
*The prosecution doesn't need to establish any deliberate premeditation. Just malice aforethought.
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Civil Case |
Possible wrongful death lawsuit
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Penalty
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Maximum of life imprisonment life imprisonment without parole. All first degree murder convictions trigger an automatic appeal to the state Supreme Judicial Court.
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If you do find yourself facing a first-degree murder charge in Massachusetts, you may wish to contact a criminal defense attorney for assistance.