Mitigating circumstances are circumstances that lessen a defendant's culpability for an act.  Both the crimes of Murder and Voluntary Manslaughter require proof of an unlawful killing, but the killing may be the crime of Voluntary Manslaughter if it occurred under mitigating circumstances, i.e., the prosecutor cannot prove beyond a reasonable doubt that the defendant acted with malice.

Mitigating Circumstances include:
Heat of Passion Upon Reasonable Provocation
Heat of Passion by Sudden Combat
Excessive Force in Self-Defense or in Defense of Another

Voluntary Manslaughter, under Massachusetts General Laws Chapter 265, Section 13, is defined as the intentional unlawful killing of another, and the prosecutor must prove, beyond a reasonable doubt, that:

1. The defendant intentionally inflicted injury or injuries likely to cause death upon the deceased that caused death; and
2. The defendant acted unlawfully.

Voluntary Manslaughter also includes the intentional and unlawful killing of another as a result of the use of excessive force in self-defense. 

The crime of Voluntary Manslaughter carries a potential for commitment to state prison for up to 20 years.

If you have been charged with the crime of Murder in Massachusetts, you should immediately consult with an experienced criminal defense lawyer.  Boston Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7 to discuss your case with you and explain your rights. 

To schedule a Free Consultation today, Click Here to Contact a Boston Murder Lawyer or call 617-325-9500.