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Facing Manslaughter Charges in Massachusetts?
Criminal defense attorney Thomas Kokonowski recently defended Chesterfield resident Brian Camp. On November 25, 2024 a 12 person jury found Mr. Camp not guilty of manslaughter charges. The verdict marked Mr. Kokonowski’s 8th criminal defense trial win in a row. If you are facing manslaughter charges in Massachusetts, feel free to reach out to Mr. Kokonowski for a free consultation: 413-585-9200
In the state of Massachusetts, if you’re involved in a situation that ends in another person’s death, you could be facing a possible manslaughter charge. This grave felony charge is distinct from murder, as it lacks premeditation or malicious intent, but can still lead to serious consequences.
Manslaughter in Massachusetts comes in two forms, involuntary and voluntary. Involuntary manslaughter happens when a death results from reckless or negligent actions, like a traffic accident or during the commission of another crime. Voluntary manslaughter, however, involves an intentional act without premeditation – typically occurring in heated moments or “passion” situations. Another type of Voluntary manslaughter is a type of homicide that can occur when someone kills another person in self-defense. Voluntary manslaughter is also sometimes referred to as imperfect self-defense.
In general, self-defense killings are not considered crimes if the actions were justified. To avoid a manslaughter charge, the defendant must prove that they were in imminent danger and that their actions were reasonable. Other factors that may be considered include:
- The identity and history of the aggressor
- Whether the defendant attempted to flee before killing the aggressor
- Whether the aggressor was engaged in criminal activity
Imperfect self-defense is a partial defense that applies when the accused believes their actions were necessary and reasonable, but they were not. For example, someone might kill someone else with the honest but unreasonable belief that lethal force was necessary to prevent harm
The penalties for these charges differ. Involuntary manslaughter, seen as an unintended tragedy, carries less severe consequences than voluntary manslaughter, encompassing typically 10-16 months imprisonment, significant fines, and a felony criminal record. Nevertheless, voluntary manslaughter, deemed a deliberate but unpremeditated act carries graver punishments, including 3-20 years imprisonment, higher fines, restitution, and a serious felony record.
Massachusetts judges consider a range of factors such as timing, provocation, and the suspect’s relationship to the victim when determining whether a crime should be charged as manslaughter or murder. The court also takes into consideration reasonable provocation, heat of passion, and recklessness in determining the charges.
Ultimately, if you find yourself entangled in a situation involving manslaughter charges, it’s imperative to enlist the help of an experienced criminal defense lawyer. From case evaluation and defense strategy development, to plea negotiations and court representation, a seasoned legal expert can navigate the complexities of Massachusetts manslaughter laws to advocate for the best possible outcome on your behalf.
Understanding the intricacies of Massachusetts manslaughter laws is crucial if facing such serious charges. An experienced criminal defense lawyer is key to navigating through this complex legal system and ensuring optimal case outcomes.
If you are facing manslaughter charges in Massachusetts, feel free to reach out to Mr. Kokonowski for a free consultation: 413-585-9200
