A fight in Chelsea led to the stabbing death of a 30 year old man yesterday. Witnesses said the men appeared to know each other and are searching for the suspect, Carlos Ramirez was stabbed in the chest and later died at the Hospital.
Had Ramirez not died the suspect may have been charged with Assault and Battery with a dangerous weapon but now the charge will be manslaughter or murder. The different types of charges that can be charged are: First degree murder which requires a showing that it was executed with extreme cruelty, deliberate and premeditated malice, or murder resulting from the commission of a capital felony. Second degree murder, murder committed with malice aforethought or during the commission of a non-capital felony. Involuntary manslaughter, an unintentional, wanton and reckless killing or an unintentional killing resulting from a battery. Voluntary manslaughter, the unlawful killing of another upon reasonable provocation and without premeditated malice or from the excessive use of force in self-defense
The difference between murder in the 1st degree and murder in the 2nd degree is that murder 1 requires that the Commonwealth prove that there was pre-meditation and intent to kill. Pre-meditation could take place in an instant but there must be a showing that the person intended to kill and did so after having formed that intent no matter for how short a time beforehand. Manslaughter is a level below murder and is proven by showing that a death occurred due to the extreme negligence or recklessness of the suspect or after reasonable provocation or excessive use of force in self-defense.
Self-defense may be a defense in this case depending on the facts. Self- defense is difficult to prove. To use deadly force in defense one must have no means of escape from the attacker, in other words they must show escape from the threat was not possible and they must show that deadly force was being used against them. To prove self defense you have to show you feared for your life while under the threat of a deadly force and that you had no means of escape.
You need a boston criminal lawyer like Frank Fernandez to challenge all the issues that may arise out of such a case like identification procedures, self-defense and other issues. A good lawyer who knows how to handle assault and battery charges or murder charges in boston needs to get involved quickly. Get advice on charges ranging from assault and battery with a dangerous weapon, manslaughter and murder and other Crimes of Violence. Please call or e-mail to schedule a Free Confidential Consultation and discuss your specific case with a Boston Criminal Lawyer, Contact Us Online or call 617-393-0250.
We are happy to answer any questions you may have, please call The Fernandez Firm anytime.
We are a full-service law firm that successfully represents clients throughout all of Massachusetts in matters from criminal defense to personal injury.