Murder Lawyer in Boston
Charged With Murder in Boston? Here’s What to Do Next
Facing a murder charge in Boston is overwhelming and life-altering. The threat to your freedom, reputation, and future requires immediate attention and careful decisions from the very start. If you or someone close to you has just been arrested or is now under investigation, every choice you make can affect the outcome.
It is essential to protect your rights during this time. Avoid making any statements to law enforcement about your case before you speak with an experienced murder lawyer Boston residents trust. Only qualified legal counsel can guide you through the specific procedures of Massachusetts courts, manage police interactions, and help protect your side of the story.
At Degiacomo & Mikhlin, P.C., our team is available 24/7 to answer your questions and take action right away. When you work with us, you gain the confidence that comes from attorneys who know both prosecution and defense strategies, especially in Boston’s criminal justice system.
Secure the experience of former prosecutors with nearly a decade of legal experience. Call a proven murder lawyer in Boston now at (617) 941-3666 or contact us online for a free consultation.
Understanding Murder in Massachusetts Law
Massachusetts law defines murder as the unlawful killing of another human being with malice aforethought. This state of mind is the critical element that separates murder from other forms of homicide and is the foundation of the prosecution's entire case. The degree of murder is determined by the specific theory of malice that the Commonwealth proves.
Murder in the First Degree (M.G.L. c. § 265:1)
This is the most serious offense, carrying a mandatory sentence of life imprisonment without the possibility of parole. The Commonwealth must prove the killing was committed with malice aforethought under one of three heightened theories:
- Deliberate Premeditation: The killing was planned or decided upon after a period of cool reflection. The premeditation can occur in a matter of seconds, but it must be a purposeful act of the mind preceding the killing.
- Extreme Atrocity or Cruelty: The killing was carried out with a method that was extremely atrocious or cruel, exceeding the violence necessary to cause death. The focus here is on the manner and brutality of the killing itself.
- Felony Murder: The death occurred during the commission or attempted commission of an inherently dangerous felony (e.g., Armed Robbery, Arson, or Rape) punishable by life imprisonment. In this scenario, the prosecution does not need to prove an intent to kill; the intent to commit the underlying felony substitutes for malice aforethought.
Murder in the Second Degree (M.G.L. c. § 265:1)
This charge applies to any other killing committed with malice aforethought that does not meet the requirements for First Degree Murder. It typically carries a mandatory sentence of life imprisonment, but with the possibility of parole after 15 to 25 years.
Malice in the second degree is typically proven by establishing:
- Intent to cause death.
- Intent to cause grievous bodily harm.
- Intent to commit an act that a reasonable person would know created a plain and strong likelihood that death would result.
The precise legal distinction between the two degrees is complex, and our Boston murder defense attorney team works relentlessly to argue that the facts do not support the heightened malice required for First Degree Murder.
Penalties and Collateral Consequences of Murder Convictions
A murder conviction in Massachusetts results in the maximum penalty under the law.
The sentences for murder are among the most punitive in the criminal justice system:
- First Degree Murder: Mandates a sentence of life imprisonment without the possibility of parole.
- Second Degree Murder: Mandates a sentence of life imprisonment, with parole eligibility occurring only after serving 15 to 25 years.
- Automatic Appeal: A conviction for First Degree Murder in Massachusetts triggers an automatic appeal to the Supreme Judicial Court (SJC), which our firm manages meticulously to ensure all legal errors are raised and reviewed.
Collateral Consequences
Beyond the direct prison term, a murder conviction eliminates all prospects for a future:
- Loss of All Rights: Permanent loss of the right to vote, hold any position of trust, and own firearms.
- Civil Liability: The conviction exposes the defendant to a high-value wrongful death lawsuit filed by the victim's family, which can result in the loss of all personal assets and future earnings.
- Reputational Destruction: The permanent, life-long public record of a murder conviction is irreversible.
Securing the expertise of a murder lawyer in Boston who focuses on constitutional and factual defenses is the only way to protect your life and liberty from these severe and irreversible penalties.
Our Comprehensive Approach to Murder Defense
A successful defense requires challenging the Commonwealth's case on constitutional, factual, and scientific grounds. DeGiacomo & Mikhlin, P.C. employs a sophisticated, multi-layered approach to every murder case.
- Challenging Intent (Negating Malice): This is our most powerful defense. We introduce evidence that the killing was not intentional or premeditated, arguing that the intent required for murder was simply not present. This strategy is designed to create a gap in the essential element of malice aforethought.
- Self-Defense and Justification: We introduce evidence that the killing was necessary because the client reasonably believed they were in imminent danger of death or serious bodily harm and used only the necessary force. The legal burden then shifts to the State to prove, beyond a reasonable doubt, that the defendant did not act in proper self-defense.
- Forensic Science Defenses: We challenge the State's scientific conclusions on ballistics, DNA analysis, and cause of death. Scientific inconsistencies or protocol failures in the State Police Crime Lab can destroy the credibility of the prosecution's entire case.
- Constitutional Defenses: We relentlessly look for violations of your Fifth Amendment right to counsel and your Fourth Amendment right against unreasonable search and seizure. Suppressing key evidence is paramount in a murder case.
As your Boston murder defense attorney, we leave no stone unturned in preparing the most vigorous defense possible.
Why Choose Our Boston Murder Defense Attorneys
Not every defense attorney has the perspective or skill to take on the demands of a murder case in Boston. The attorneys at Degiacomo & Mikhlin, P.C. have served as prosecutors in Massachusetts, bringing a rare level of insight to your defense. This prosecutorial background means we know how cases are built from the government’s side and how to identify weaknesses before trial.
Our deep local presence means we regularly work with Suffolk County Superior Court staff and understand the standards Boston’s prosecutors use in homicide cases. Our entire practice focuses on criminal defense, and that concentrated experience allows us to personalize our approach for anyone charged with murder in Boston. This focus helps us offer the kind of advocacy that broader firms often cannot deliver.
From your first call, you will have direct access to a defense lawyer at any hour. We strive to be responsive day and night, so you have support when you need it most. You can expect advocacy, practical advice, and ongoing communication—whether it is your first conversation or a courtroom appearance.
Take the First Step: Contact Our Boston Murder Lawyers 24/7
No one should handle a murder charge in Boston alone. The first priority is connecting with a dedicated defense attorney who is prepared to respond at any time, protect your rights, and begin addressing your case as soon as possible. When you reach out to our team, you will speak with an attorney who is ready to listen and provide confidential advice, based on the facts and your unique situation.
Our availability is around the clock, every day of the week, because criminal cases can develop quickly without warning. There is no charge for your initial consultation and no obligation beyond that first call. All information is treated as confidential, whether you decide to move forward or not.
For immediate help from a murder lawyer Boston residents rely on, call (617) 941-3666. Your rights and your defense cannot wait.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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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!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court