Mitigating Circumstances in Murder Cases

Malice is a requirement for a defendant to be convicted of First Degree Murder in Massachusetts.  Therefore, in order to prove the defendant acted with malice in the killing of another, the prosecutor must prove the absence of certain mitigating circumstances. 

Examples of Mitigating Circumstances Include:

• Heat of Passion Upon Reasonable Provocation
• Heat of Passion Induced by Sudden Combat
• Excessive Force in Self-Defense or in Defense of Another

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 - so that the prosecutor cannot prove, beyond a reasonable doubt, that the defendant acted with malice.

If you have been charged with the crime of Murder in Massachusetts, you shoule immediately consult with an experienced criminal defense lawyer who can explain and protect your legal rights.

Boston Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7.  To schedule a Free Consultation, Contact Us Online or call him directly at 617-325-9500.