Turn on the news and you will hear about a myriad of crimes, including murder, across our nation. While it may not seem like it with the headlines we read and see each day, the United States ended 2023 with the largest decrease in homicides on record, according to reports published on Axios.
A recent Gallup poll shows that a vast majority of Americans believe the homicide rate is climbing in their region when the reality is that there was a nearly 13% drop from 2022 to 2023 and a broader overall decline since the early 1990s.
Despite the dropping numbers, Americans should understand the legal terminology of murder in this country and how the legal consequences vastly differ depending on the legal degree to which the homicide is determined to occur.
Let’s examine the legal definitions of murder and how they could impact a legal case.


Terms of Degrees
In the United States murder charges are divided into degrees based upon the circumstances and the level of intent. For instance, a first degree criminal charge of murder is considered the most serious offense. Each degree down from that is seen as less serious and thus has different legal consequences.
The determination of level depends on whether the crime was premeditated (planned beforehand), deliberate, committed during a felony or if the act included a weapon such as a bomb.
First Degree Murder
First degree murder is the most serious of the murder charges in the state of Massachusetts. This degree includes a level of deliberate intention of killing, premeditation or was committed using extreme cruelty. A murder could also be considered “in the first degree” if it was committed while in the commission of a felony such as arson, burglary, kidnapping, rape or robbery whether the person planned or had intent to murder or not.


Second Degree Murder
The second most serious of homicide charges is a second degree murder charge. This charge is levied if the murder was intentional but not pre-planned or was caused during the commission or attempted commission of a crime.
Manslaughter Crimes
The criminal justice system in Massachusetts allows for a person to be charged with manslaughter if they have killed someone but the crime did not include premeditation or malice aforethought (the intention to kill or harm). There are two types of manslaughter – voluntary and involuntary.
Voluntary Manslaughter involves intentional killing but under circumstances that mitigate the severity of the crime such as a crime of passion or during mutual combat where the two people are fighting.
Involuntary Manslaughter involves the idea that the death was not intentional but rather from negligent or reckless behavior such as when operating a vehicle recklessly or in the commission of a robbery or burglary.
If you or someone you know has been charged with homicide, it is critical to seek the counsel of an experienced attorney who can evaluate the case, develop a defense strategy, negotiate with the prosecutor and represent you and defend your rights within the criminal justice system.