The statute: Murder is the unlawful killing of another person with malice aforethought. Murder committed with deliberate premeditation, with extreme atrocity or cruelty, or in the commission or attempted commission of a felony punishable by life imprisonment is murder in the first degree; any other murder is murder in the second degree.
What the Commonwealth must prove:
- The defendant caused the death of another person.
- The defendant acted with malice aforethought — meaning the defendant intended to kill, intended to cause grievous bodily harm, or intended to do an act which, under the circumstances known to the defendant, a reasonable person would have known created a plain and strong danger that death would result.
- For first-degree murder on a theory of deliberate premeditation, the defendant decided to kill after reflection — the decision need only have been made after a period of thought, however brief, rather than on impulse.
- For first-degree murder on a theory of extreme atrocity or cruelty, the Commonwealth must prove factors such as indifference to or taking pleasure in the victim’s suffering, consciousness and suffering of the victim, the extent of physical injuries, the manner and means of death, and the disproportion between the means used and the death that resulted (the Cunneen factors).
- For felony murder, the killing occurred during the commission or attempted commission of a felony punishable by life imprisonment; since Commonwealth v. Brown (2017), the Commonwealth must also prove the defendant acted with malice aforethought as defined above.
- The killing was unlawful — it was not legally justified, excused, or committed under circumstances (such as heat of passion upon reasonable provocation) that reduce the offense to manslaughter.
Penalties: First-degree murder carries a mandatory sentence of life in prison without the possibility of parole. Second-degree murder carries life in prison with parole eligibility after a minimum term set by the court of not less than 15 nor more than 25 years. A murder conviction also means the permanent loss of a firearm license and, for non-citizens, virtually certain deportation.
In plain English: Murder is the most serious charge in Massachusetts. The difference between first and second degree usually comes down to whether the Commonwealth can prove the killing was planned in advance, was exceptionally cruel, or happened during a major felony. First-degree murder in Massachusetts means dying in prison — there is no parole.
How these cases are defended:
- Challenging causation and the forensic evidence — pathology, timing of death, and alternative causes.
- Attacking malice and premeditation, and presenting the evidence that supports a manslaughter verdict instead (provocation, heat of passion, imperfect self-defense).
- Suppressing statements and identifications obtained in violation of the defendant’s constitutional rights.
- Independent investigation of the Commonwealth’s witnesses, including experts, jailhouse informants, and cooperating witnesses.
- Presenting justification or self-defense where the facts support it.
This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.
