• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

O'Brien Law Boston

  • Home
  • Criminal Defense
  • DUI
  • Drug
  • Attorneys
  • Contact
  • (617) 512-0939

Erroneous Jury Instruction Leads to Reversal of Defendant’s First Degree Murder Conviction

MAY 26, 2014

Share|Share

Last week, the Massachusetts Supreme Judicial Court (SJC) reversed the conviction of a criminal defendant for first degree murder after finding that the trial judge had erred in instructing the jury as to their deliberations on first degree murder versus the lesser offense of second degree murder.

In Commonwealth v. Figueroa, the defendant did not deny that he shot and killed the victim. Instead, the issue was whether the defendant’s killing was done with the intent to kill or deliberate premeditation. If the jury believed that the defendant had the requisite intent, then a verdict of first degree murder would have been appropriate. However, if the jury believed that the defendant was so intoxicated from alcohol and/or cocaine that he could not have formed the legal intent, then a conviction of second degree murder would have been appropriate.

Posted by O’Brien Law Boston | Permalink | Email This Post

Posted In: Homicide , Intoxication Defense , Jury Instructions

Filed Under: Uncategorized

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Contact Attorney O’Brien

617 512-0939

fob@obrienlawboston.com

O’Brien Law Boston, P.C.

Boston Office
Suite 602
10 Tremont St
Boston, MA 02108

Hingham Office
738 Main Street
Hingham, MA 02043

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

BOSTON CRIMINAL DEFENSE LAWYER VIDEO

https://youtu.be/Hf-R3xR7TR8

Footer

Criminal Defense Lawyer

To speak with a highly experienced Boston criminal lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. As a member of the Massachusetts and Florida state bars and the federal bar in Massachusetts, Mr. O’Brien has also represented clients on criminal, state and federal matters in more than twenty states.

  • Our Criminal Defense Blog
  • Criminal Cases We Handle
  • Criminal Trial Reports
  • Boston Criminal Lawyer Clerk’s Hearing Reports
  • Boston Criminal Lawyer News
  • Criminal Defense Resources
  • Boston Criminal Lawyer Video

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

CONTACT US

617 512-0939
fob@obrienlawboston.com

    OUR OFFICES

    Boston Office
    Suite 602
    10 Tremont St
    Boston, MA 02108



    Hingham Office
    738 Main Street
    Hingham, MA 02043

    Recent Posts

    • New DUI / Drunk Driving Laws May Be Coming in State Budget
    • Criminal Defense Lawyer Covid 19 / Coronavirus Policy Page
    • Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea
    • Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles
    • Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice?

    Copyright © 2025 · O'Brien Law Boston, P.C. Attorney Francis T. O’Brien Jr. brings over thirty years of criminal defense experience in the field, and is one of the most well respected Boston criminal lawyers currently practicing today.