Murder is the unlawful killing of a human being with malice aforethought. A murder which is a willful, deliberate, malicious and premeditated killing is murder in the first degree. Under Massachusetts criminal law, the crime of First-Degree Murder may be found at Massachusetts General Laws, Chapter 265, Section 1.
Theories of First-Degree Murder
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In Massachusetts, there are three theories for which a person may be found guilty of First-Degree Murder:
- Murder with Deliberate Premeditation;
- Murder with Extreme Atrocity or Cruelty; and
- Felony Murder.
Legal Elements for Murder with Deliberate Premeditation
In order to be found guilty of Murder with Deliberate Premeditation under Massachusetts criminal law, there must be strong evidence of the following legal elements: (1) the defendant caused the death of the victim; (2) the defendant intended to kill the victim, that is, he or she consciously and purposefully intended to cause the victim’s death; and (3) the defendant committed the killing with deliberate premeditation, that is, he decided to kill after a period of reflection.
Killing with deliberate premeditation means the defendant decided to kill after a period of reflection. Deliberate premeditation is not required for any particular length of time. A decision to kill may be formed over a period of days, hours, or even a few seconds. The key is the sequence of the thought process: first the consideration of whether to kill; second, the decision to kill; and third, the killing arising from the deliberate decision.
Legal Elements for Murder with Extreme Atrocity or Cruelty
In order to be found guilty of Murder with Extreme Atrocity or Cruelty under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant caused the death of the victim;
- the defendant either (a) intended to kill the victim or (b) intended to cause grievous bodily harm to the victim or (c) intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result; and
- the killing was committed with extreme atrocity or cruelty.
Extreme Atrocity means an act that is extremely wicked or brutal, appalling, horrifying, or utterly revolting. Extreme Cruelty means that the defendant caused the person’s death by a method that surpassed the cruelty inherent in any taking of a human life. The inquiry focuses on the manner and means of inflicting death and resulting effect(s) on the victim.
Legal Elements for Felony Murder
In order to be found guilty of Felony Murder under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant committed or attempted to commit a felony with a maximum sentence of imprisonment for life;
- the death was caused by an act of the defendant or a person participating with him in the commission or attempted commission of the underlying felony;
- the act that caused death occurred during the commission or attempted commission of the underlying felony; and
- the defendant (a) intended to kill the victim or (b) intended to cause grievous bodily harm to the victim or (c) intended to do an act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result.
Potential Punishment if Convicted of First-Degree Murder in Massachusetts
A defendant convicted of First-Degree Murder in Massachusetts, regardless of theory, shall be punished by imprisonment for life. The potential consequence may be found at Massachusetts General Laws, Chapter 265, Section 2.
If you have been charged with first-degree murder charges and need representation, contact the Massachusetts Murder Defense Lawyers at the Law Office of John L. Calcagni III by email or call today at (508) 213-9113 to schedule a free consultation.
