Murder

Boston Murder Defense Attorney

Few attorneys in Massachusetts have had as much experience handling murder cases as I have.  I have tried eleven murder cases as lead counsel.  Some of my murder trials have been broadcast on Court TV and other networks from gavel to gavel. 

My experience as a former prosecutor has provided me with invaluable knowledge.  I know from first-hand experience how law enforcement officials put a murder case together. I have been called to murder scenes in the middle of the night.  I have personally witnessed how the police preserve evidence, how murder investigations unfold, and what techniques the police use. I have been there when suspects and witnesses have been interrogated and questioned.  I myself have planned prosecution strategy. My experience in putting the Commonwealth's cases together now allows me to effectively attack the Commonwealth's cases against my clients.  I know how things should be done.  I will exploit for my client's any of the prosecution's missteps and/or failures -- mistakes which may have resulted in an unjust charge against my client.  I handle all types of homicide cases, from motor vehicle homicide to manslaughter to first-degree murder cases to federal death-penalty cases.

In a murder case, you have the same defenses that are available to you in every case -- but the stakes are obviously considerably heightened. As a result, your attorney needs to do an extensive amount of investigation and discovery himself. An attorney must be experienced in handling murder cases, he must be well-versed in forensic evidence, and he must have conducted numerous direct and cross examinations of expert witnesses.

Some murder cases are whodunits.  In these cases, a skillful lawyer may able to present an effective alibi defense.  By calling alibi witnesses, or effectively pointing to scientific/forensic/trace evidence, an experienced defense attorney may successfully persuade a jury that you were somewhere else when the murder occurred.  Even without an affirmative alibi defense, a criminal defense attorney may be able to attack and/or suppress the photo array or lineup identification of the perpetrator.  In so doing, your attorney can argue to the jury that reasonable doubt exists regarding your presence at the murder scene.

A murder case may feature an issue of self-defense in a mutual combat situation. If a lawyer is successful in creating reasonable doubt as to whether a death was the result of self defense, the accused is entitled to a not guilty verdict.  The Supreme Judicial Court has recently ruled that it is proper in these cases for a criminal defense lawyer to introduce evidence of the murder victim's violent nature or past.

Sometimes it is clear a person did a crime, but it's also clear that the person was not in his or her right mind. That can give rise to a "lack of criminal responsibility" defense, commonly known as an “insanity" defense.  Even if a mental disease or defect does not rise to the level of insanity, a person's impaired state of mind may help to convince a judge or jury that the murder charge should be reduced.  For example, a person may have been under extreme stress or some other influence that prevented him from premeditating the crime.  In that case, the charge could be reduced from first degree murder to second degree murder. If a person's mind was impaired to a such a degree that he was unable to form the requisite "malice aforethought," he might be found guilty of manslaughter, which has significantly reduced penalties.

There are many other issues too diverse in scope to cover here. With over 17 years of experience, I have seen it all and done it all. Rest assured, I will provide the best defense you can possibly obtain to the most serious charge of all.  Contact me to discuss your rights and to find out how I can help you.

Free Initial Consultation: Contact Boston murder defense attorney David Yannetti.