Manslaughter Respected Defense Attorneys Serving Boston & Beyond

Manslaughter Lawyer in Boston, MA

Former Prosecutors Defending Boston Manslaughter Charges Around the Clock

A manslaughter charge under Massachusetts General Laws Chapter 265, Section 13 carries a potential sentence of up to 20 years in state prison. The investigation often begins before an arrest, and what happens in the earliest hours shapes what options remain available later. Attorneys James G. DeGiacomo and Sergey Mikhlin are former prosecutors who understand how the Commonwealth constructs these cases from day one, and they use that knowledge to build a defense that challenges the state’s narrative before it hardens.

Degiacomo & Mikhlin, P.C. is available 24 hours a day, 7 days a week and maintains offices in Boston, Brockton, Hingham, and Milford. The firm represents clients in Massachusetts District, Superior, and Appellate Courts, including Suffolk County Superior Court, and has a record of dismissals, not-guilty verdicts, and no-probable-cause findings across hundreds of cases.

If you or someone you know is facing a manslaughter charge in Boston, contact Degiacomo & Mikhlin, P.C. immediately for a free, confidential consultation. Call (617) 941-3666 any time, day or night.

Manslaughter Under Massachusetts Law

Manslaughter is defined under MGL c.265 §13 as an unlawful killing without malice aforethought. Malice aforethought is the mental state required for a murder charge and is the legal line separating murder from manslaughter. Its absence places a killing in the manslaughter category, and the prosecution’s burden shifts accordingly depending on which charge it pursues.

Massachusetts recognizes two forms of manslaughter. Voluntary manslaughter involves an intentional killing under mitigating circumstances: heat of passion upon reasonable provocation, sudden combat, or excessive force used in self-defense or defense of another. Involuntary manslaughter has no freestanding statute and proceeds under a common-law theory requiring the Commonwealth to prove an unlawful killing caused by wanton or reckless conduct that created a high degree of likelihood of substantial harm, or by a battery the defendant knew or should have known endangered human life. A case initially charged as murder may later be negotiated or argued down to manslaughter depending on what the evidence shows.

Penalties & Consequences of a Manslaughter Conviction

A conviction under MGL c.265 §13 carries a potential sentence of up to 20 years in Massachusetts state prison for both voluntary and involuntary forms. Beyond incarceration, a conviction creates a permanent felony record that affects employment, housing, professional licensing, and immigration status.

A consequence many defendants don’t anticipate is the Massachusetts RMV homicide suspension, a separate proceeding from the criminal case. Degiacomo & Mikhlin, P.C. handles RMV homicide suspensions alongside criminal defense matters, giving clients one coordinated approach to protecting both their freedom and their ability to drive.

Former-Prosecutor Defense for Boston Manslaughter Cases

Both Attorney DeGiacomo and Attorney Mikhlin served as prosecutors in Massachusetts before moving to criminal defense. They know how the Commonwealth selects charges, builds evidence, and prepares homicide cases for trial because they did that work. That background allows them to identify weaknesses in the prosecution’s theory early, before the state’s strategy has time to solidify.

Local Court Presence & Direct Access

The firm works regularly in Suffolk County Superior Court and understands the standards Boston prosecutors apply in violent crime cases. When clients call after an arrest, attorneys respond fast, sometimes within minutes, without layers of scheduling between the client and a lawyer. The firm explains every stage in plain language, shares strategy ahead of time, and treats clients with the direct, respectful communication that reduces confusion during one of the most stressful periods a person can face.

Recognized Defense Counsel

Recognitions associated with the firm include NACDA Top Ten Criminal Attorneys, Top 40 Under 40, ASLA, and Avvo Client’s Choice. Both attorneys are members of the Massachusetts Association of Criminal Defense Lawyers. The firm has nearly a decade of experience representing clients across Massachusetts District, Superior, and Appellate Courts.

Speak with a Boston Manslaughter Attorney Today

Time matters in a manslaughter case. Early legal intervention shapes how evidence is preserved, how law enforcement contact is managed, and what defense options remain open. The initial consultation with Degiacomo & Mikhlin, P.C. is free, confidential, and carries no obligation beyond that first call.

Degiacomo & Mikhlin, P.C. is available around the clock. Don’t wait to get legal counsel involved. Call (617) 941-3666 now to reach a manslaughter lawyer in Boston and discuss your case immediately.

Voluntary vs. Involuntary Manslaughter in Massachusetts

The distinction between voluntary and involuntary manslaughter turns on intent and the circumstances surrounding the death. Understanding which form applies to a situation determines the prosecution’s burden and the most effective defense approach.

Voluntary Manslaughter

Voluntary manslaughter typically arises from sudden provocation, such as a physical altercation or mutual combat, where the killing is intentional but occurs without premeditation and without malice. The classic legal framing is a “heat of passion” killing: the defendant acted in response to a provocation that would cause a reasonable person to lose self-control, before there was adequate time to cool down. Excessive force used in what the defendant genuinely believed was self-defense or defense of another can also support a voluntary manslaughter theory rather than a murder charge.

Involuntary Manslaughter

Involuntary manslaughter requires no intent to kill. The Commonwealth must prove that the defendant intended the conduct that caused the death and that the conduct was wanton and reckless, meaning a reasonable person would have recognized it as creating a high degree of likelihood that substantial harm would result to another. A fatal fight where the defendant never meant to kill, a death resulting from a dangerous battery, and certain fatalities arising from reckless conduct all fall within this category.

OUI-related fatalities in Massachusetts can also give rise to involuntary manslaughter charges when driving conduct is deemed wanton and reckless, a theory distinct from the motor vehicle homicide statute. Separately, a case charged as second-degree murder may be reduced to manslaughter during negotiation or trial if the evidence supports mitigating circumstances or undermines proof of malice.

Defense Strategies in Massachusetts Manslaughter Cases

No two manslaughter cases involve the same facts. Defense strategy depends on the specific charge, the evidence, and what the investigation produced. Several approaches arise frequently in Massachusetts manslaughter defense.

Negating Malice Aforethought
In cases where the original charge is murder, arguing that the facts don’t support malice aforethought can result in a reduction to manslaughter or, in some circumstances, support a complete defense. This typically means examining the defendant’s state of mind, the events leading up to the incident, and what the physical evidence actually supports.

Self-Defense & Excessive Force
When the defendant used force that arose from a genuine threat but was disproportionate to it, the defense may argue that mitigating circumstances existed. That argument can support a voluntary manslaughter finding rather than a murder conviction.

Challenging Wanton & Reckless Conduct
In involuntary manslaughter cases, the defense contests whether the defendant’s conduct truly met the legal standard of creating a high degree of likelihood of substantial harm as assessed by a reasonable person. Many cases turn on exactly where that line falls.

Suppression of Evidence
Constitutional violations during the investigation, including unlawful searches, illegal seizures, or interrogation conducted without counsel after a defendant has invoked their rights, can result in key evidence being excluded. Suppression hearings are a critical early battleground in Massachusetts homicide cases.

Forensic & Scientific Challenges
Inconsistencies in medical examiner findings, disputed cause-of-death determinations, and gaps in police investigation protocols can significantly undermine the prosecution’s theory. Defense counsel reviews these materials closely for errors and overreach.

Witness Credibility & Conflicting Accounts
Discrepancies between witness statements and physical evidence are a core focus in homicide defense. What eyewitnesses say, what they said initially, and how those accounts align with forensic findings often determines how strong the Commonwealth’s case actually is.

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DeGiacomo was the most honest, informative, and humble attorney I have ever met and I recommend him to any person in trouble. He knows what he is talking about!

- Former Client
"James treated me with respect and kindness from day one"
What I found refreshing was that James had a realistic and positive attitude from the beginning. His warmhearted professionalism made me more at ease. James got the best outcome for my 2nd DUI case. I left the courthouse knowing that he had a beneficial impact on my case. I recommend Attorney De Giacomo to anyone who wants the best of the best.

- EO
"Highly recommended"
James was extremely professional, very informative, and most importantly he delivered! I was looking at two felony charges and James was able to get me a deal where the charges will be dismissed as long as I stay out of trouble for a year. Guilty felony charges make getting a job impossible so I’m grateful for his services and would call him again if needed. I highly recommend to use James for your legal issues.

- Marc F
"Confident & Reliable"
Jim took over my case after my 1st attorney had to drop it. Jim is very knowledgeable, he walked me through the steps of the trial process and answered all my questions right away plus explained why certain information wasn’t needed. The trial was postponed twice due to the pandemic but Jim was still in constant communication. Thank you!

- Mark L
"Cannot give him a higher recommendation."
If you need someone that is dedicated, careful and diligent Jim is your man.

- William M.
"His attention to detail in my case was second to none."
Jim represented me and did an excellent job. His attention to detail in my case was second to none. I highly recommend him as a defense attorney.

- Ryan H.
"If there was an option of more than 5 stars, I would definitely give you more!"
He was very professional and always knew the answers to all my questions.

- Samantha M.
"He got fantastic results."
I had gotten a second OUI and I strongly feel that he did a fantastic job representing me.

- Andy M.

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Meet Our Team

What Makes This Firm Different?

Feel Confident in Choosing Degiacomo & Mikhlin, P.C.

Available to Clients 24/7
Nearly a Decade of Legal Experience
Successfully Defended Hundreds of Clients
Former Prosecutors & Knows How That Side Thinks
Represented Clients in MA District, Superior, & Appellate Courts

Noteworthy Case Results

Focused on Getting You the Best Possible Outcome

James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!

Case Dismissed December 2025 Case Result – Brockton District Court
Restraining order dismissed December 2025 Case Result – Brockton District Court
No probable cause found December 2025 Case Result – Woburn District Court
Case Dismissed December 2025 Case Result – Brockton District Court
Case Dismissed December 2025 Case Result – Brockton District Court
No probable cause found December 2025 Case Result – Brockton District Court

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