Massachusetts Second-Degree Murder Law
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.
In Massachusetts, the maximum sentence for first-degree murder 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.
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.
If you’re facing second-degree murder charges, reaching out to an experienced criminal defense attorney after your arrest is a good idea. We’ve also included links to pertinent FindLaw articles at the bottom of the page.
Second-Degree Murder in Massachusetts
In the Commonwealth of Massachusetts, a person commits second-degree murder 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.
Second-degree murder cases typically involve “heat of passion” 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.
If a person catches their spouse with a lover and kills both in the heat of passion, it’s 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.
Felony Murder
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.
According to the Massachusetts criminal law, the following crimes qualify for felony murder:
- Robbery
- Arson
- Burglary
- Rape
- Acts of terrorism
- Kidnapping
For the state to convict someone of felony murder, the prosecutor doesn’t need to prove the killing was intentional. They must only demonstrate that the victim’s death was a consequence of the defendant’s committing some other felony.
For example, if a person commits a carjacking and runs over and kills a pedestrian in the process, it’s felony murder.
Massachusetts Second-Degree Murder Laws: Summary
The following table highlights the main provisions of Massachusetts’s second-degree murder and felony murder laws.
Massachusetts Second-Degree Murder Code Section |
Massachusetts General Laws Chapter 265, Section 1 |
|---|---|
Massachusetts Second-Degree Murder Definition |
An unlawful killing committed with malice aforethought or extreme atrocity and cruelty, but without deliberate premeditation. |
Definition of Felony Murder in Massachusetts |
Causing the death of another person during the attempt or commission of an inherently dangerous felony. |
Malice Aforethought Under Massachusetts Law |
Malice aforethought includes the intent to inflict serious bodily injury or death upon another person. |
Massachusetts Second-Degree Murder Penalties |
A defendant convicted of second-degree murder will face a maximum sentence of life imprisonment. The individual must serve a minimum of 15 years in state prison before becoming eligible for parole. Note: In Massachusetts, the jury decides whether a defendant is guilty of first-degree murder or second-degree murder. It depends on the facts of the case. Either way, the state must prove guilt beyond a reasonable doubt. |
Possible Second-Degree Murder Defenses in Massachusetts |
The defenses below can result in a not-guilty verdict.
An attorney can also request a reduced sentence based on mitigating factors, such as intoxication or provocation. The court will apply a reasonable person standard when deciding whether to reduce the charge or sentence. |
What Kind of Civil Case Can Be Filed for Second-Degree Murder? |
Possible wrongful death lawsuit |
Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a local criminal defense lawyer or conduct further research to verify your state laws.
Get Legal Help for Second-Degree Murder Charges
Although second-degree murder is a lesser charge than murder in the first degree, it’s still a very serious crime. Anytime you’re facing murder charges, you’re at risk of spending significant time behind bars.
Consider consulting with a skilled criminal defense attorney when charged with second-degree murder or felony murder. Whether you live in Boston, Cambridge, or Essex County, seasoned criminal defense attorneys are nearby to help with your legal issues stemming from your arrest.
Related FindLaw Resources
- Massachusetts Criminal Laws
- Massachusetts Criminal Statute of Limitations
- Massachusetts First-Degree Murder Law
- Massachusetts Voluntary Manslaughter
- Massachusetts Involuntary Manslaughter and Motor Vehicle Homicide
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