Massachusetts Voluntary Manslaughter Law

Every state has specific laws pertaining to murder and manslaughter. The primary difference between these two crimes is that the crime of murder requires the intent to kill or cause serious bodily injury, while manslaughter does not.

Massachusetts law divides the crime of manslaughter into voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter involves the intentional killing of another human being without malice aforethought or premeditation. Involuntary manslaughter occurs when the defendant’s negligence or reckless conduct causes the death of another person.

In this article, we’ll explain Massachusetts’ voluntary manslaughter laws, including the legal definition of this crime and the criminal penalties.

Definition of Voluntary Manslaughter Under Massachusetts Law

According to the criminal laws in the Commonwealth of Massachusetts, voluntary manslaughter is the unlawful killing of another human being during the heat of passion or under adequate provocation.

In a typical voluntary manslaughter case, the defendant did not plan the death of the victim. While they intentionally engage in the act that causes the victim’s death, there are mitigating factors that justify or explain why they killed them.

These mitigating circumstances can include:

• Heat of passion due to reasonable provocation
• Sudden combat
• Excessive force used in self-defense or the defense of another

In a voluntary manslaughter case, the state must prove guilt beyond a reasonable doubt.

Voluntary Manslaughter vs. Murder

The difference between the crimes of murder and voluntary manslaughter in Massachusetts is simple. Both involve the intentional and unlawful killing of another person. But they differ when it comes to intent.

With voluntary manslaughter, the defendant’s thinking was impacted by:

• Emotional excitement
• Fear
• Reasonable provocation

These must be intense emotions, to the point that a reasonable person may have acted on impulse.

Voluntary manslaughter charges are common in cases involving a defendant who acts in self-defense but takes it too far. The person did have the intent to kill. But since they acted while in the heat of passion, the court will likely find them guilty of voluntary manslaughter instead of murder.

The reaction to kill must be instantaneous. If the defendant had time to "cool off," they’ll likely face first-degree murder or second-degree murder charges.

Are Words Alone Enough for Reasonable Provocation?

For the state to charge voluntary manslaughter instead of murder, the provocation must be reasonable. For instance, if someone insults your wardrobe and you kill them, that will not qualify as "adequate provocation."

At trial, the jury determines whether the person acted under adequate provocation. Massachusetts law recognizes that emotions in these situations are powerful and may cause a defendant to lose self-control. That loss of self-control turns a homicide into manslaughter. And, therefore, decreases the level of legal culpability.

Massachusetts Voluntary Manslaughter Laws at a Glance

The following table highlights the main provisions of the Massachusetts voluntary manslaughter laws.

Charged With a Serious Crime? Talk to a Massachusetts Criminal Defense Attorney

Voluntary manslaughter is a lesser homicide charge when you compare it to murder charges. But it is a serious charge that could result in prison time. If you’re facing voluntary manslaughter charges, you should immediately consult a skilled Massachusetts criminal defense lawyer.

Your manslaughter defense lawyer can look for weaknesses in the state’s case to gain an acquittal or a favorable plea bargain. They’ll also be by your side during the sentencing phase should the court find you guilty of any criminal charges.