Second Degree Murder
Murder that was not committed with deliberate premeditation and malice, extreme atrocity or cruelty, or in the commission of a felony, is Murder in the Second Degree.
In order to prove a defendant guilty of Murder in the Second Degree, the prosecutor must prove, beyond a reasonable doubt that:
- The defendant committed an unlawful killing; and
- That the killing was committed with malice.
In this context, malice includes an intent to cause death, or an intent to cause grievous bodily harm. For purposes of Second Degree Murder, malice also includes an intent to do an act that, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death will result. In other words, the jury would have to decide, based on what the defendant actually knew at the time he acted, whether a reasonable person would have recognized that his conduct created a plain and strong likelihood that death would result.
If you have been charged with the crime of Murder
in Massachusetts, you should immediately consult with an experienced criminal defense lawyer.Boston Criminal Lawyer Lefteris K. Travayiakis
is available 24/7 and offers Free Initial Consultation
. To discuss your criminal case and schedule a Free Consultation, Contact Us Online
or call him directly at 617-325-9500