Homicide Leaving Nothing To Chance

Homicide Defense Lawyer in Attleboro, MA

Defense Representation Built on Prosecution-Side Experience

A homicide charge carries consequences that touch every part of a person’s life and future. Under Massachusetts law, a first-degree murder conviction means mandatory life imprisonment without the possibility of parole. The Commonwealth invests extraordinary investigative resources into these cases, and the defense must match that intensity from the moment an investigation begins. I’m Brian D. Roman, and I’ve spent more than 35 years in Massachusetts and Rhode Island courtrooms, including years as an Assistant District Attorney in Suffolk County personally building criminal cases. That time on the other side of the courtroom shapes how I defend clients today.

As a sole practitioner, I handle every homicide case myself. The attorney you hire is the attorney who reviews your evidence, prepares your defense strategy, and stands with you at Bristol County Superior Court in Taunton. There’s no handoff to a junior associate and no case manager standing between us.

If you or someone you care about is facing a violent crime charge in Attleboro, contact me immediately at (508) 687-6404. I’m available 24/7, and a free consultation is available in person or virtually.

How Massachusetts Defines Homicide Charges

The specific charge the Commonwealth pursues determines the entire structure of the defense. Massachusetts prosecutes homicide under several distinct offenses, and the differences between them are significant.

First-Degree Murder

Charged under MGL Ch. 265 §1, first-degree murder requires the Commonwealth to prove deliberate premeditation, extreme atrocity or cruelty, or that the killing occurred during the commission or attempted commission of a felony punishable by life imprisonment. That last theory is the felony murder rule, which can support a first-degree charge even without proof of intent to kill. A conviction carries mandatory life without the possibility of parole.

Second-Degree Murder

When a killing was intentional but lacked premeditation, or when the felony murder rule applies to a felony not carrying a life sentence, prosecutors charge second-degree murder. A conviction carries life imprisonment with parole eligibility after a minimum of 15 years, as set by the sentencing court.

Voluntary & Involuntary Manslaughter

Voluntary manslaughter applies to intentional killings committed in the heat of passion upon sudden provocation, without malice aforethought. Involuntary manslaughter covers unintentional killings resulting from wanton or reckless conduct. Both are punishable by up to 20 years in state prison. The distinction between a murder charge and a manslaughter charge is the distinction between life imprisonment and eventual parole eligibility.

Motor Vehicle Homicide

Massachusetts treats motor vehicle homicide as a separate offense under MGL Ch. 90 §24G, with tiered penalties based on whether impairment or reckless operation was involved.

There is no statute of limitations for murder in Massachusetts, and the most serious outcome for any homicide conviction is life without parole. Massachusetts does not have the death penalty.

How I Approach Homicide Defense in Attleboro

Because I’ve personally built criminal cases as a prosecutor, I know what evidence the Commonwealth needs to secure a conviction and where investigative and procedural vulnerabilities arise. That knowledge directly informs every step of the defense I build.

Evidence in homicide cases can degrade or fall entirely under law enforcement control within days of an incident. I’m available around the clock because the earliest stages of an investigation are often where the most consequential decisions get made.

My defense approach includes:

Evidence review: Meticulous examination of the Commonwealth’s physical evidence, forensic reports, witness statements, and investigative records
Constitutional challenges: Identifying Fourth and Fifth Amendment violations, unlawful searches and seizures, and improperly obtained statements that can be suppressed
Charge reduction strategy: Pursuing available arguments to seek a reduction from a first-degree charge to second-degree murder or manslaughter, which directly affects parole eligibility
Defense theories: Building the strongest available case on alibi, self-defense, lack of criminal responsibility, lack of intent, or mistaken identity
Courtroom advocacy: Aggressive trial representation at Bristol County Superior Court in Taunton when the case goes before a jury

Decades of trial work have produced long-standing relationships within the Massachusetts court system, and I use that familiarity to navigate complex proceedings efficiently and identify available avenues for my clients.

Why Attleboro Clients Work Directly with Me

I’m a member of the Bristol County Bar Association, the Massachusetts Bar Association, and the Rhode Island Bar Association, and I’m admitted to practice in both states. When you call my office, you reach me, not a receptionist or case manager. I offer free initial consultations in person or virtually so you can understand your options before making any decisions. At every stage, you’ll know what’s happening with your case and why.

Contact Me When a Homicide Investigation Begins

The earlier I become involved, the more I may be able to do to shape the defense. Waiting to retain counsel is among the most consequential decisions a person can make in a homicide case.

Call Brian D. Roman, Attorney at Law now at (508) 687-6404 to schedule your free consultation in person or by phone. I’m available around the clock for clients in Attleboro and throughout Bristol County.

Massachusetts Homicide Law: Charges, Penalties & What to Expect

Under MGL Ch. 265 §1, murder is an unlawful killing committed with deliberately premeditated malice aforethought, with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable by life imprisonment. In Massachusetts, the jury determines whether the evidence supports first- or second-degree murder after the Commonwealth presents its case. Understanding what the prosecution must prove at each level clarifies both the risk and the defense objectives.

What the Commonwealth Must Prove

For first-degree murder, the Commonwealth must establish beyond a reasonable doubt that the killing involved deliberate premeditation, extreme atrocity or cruelty, or occurred during the commission or attempted commission of a felony punishable by life imprisonment. Second-degree murder applies when the killing was intentional but lacked premeditation, or when the felony murder rule attaches to a qualifying felony not carrying a life sentence. Manslaughter under MGL Ch. 265 §13 applies when a killing was unlawful but lacked malice aforethought: voluntary manslaughter involves a killing in the heat of passion, and involuntary manslaughter involves reckless or wanton conduct causing death without intent to kill. Aggravating factors, including prior violent felony convictions, use of a firearm, or the vulnerability of the victim, can push prosecutors toward the most serious available charge.

How Charge Level Affects Sentencing

The degree of the charge controls every aspect of the sentencing range and parole eligibility. A first-degree murder conviction carries mandatory life without parole. A second-degree murder conviction carries life imprisonment with parole eligibility after a minimum of 15 years, as fixed by the sentencing court. Voluntary and involuntary manslaughter both carry a maximum of 20 years in state prison with earlier parole eligibility. Seeking a reduction in the charge isn’t a secondary goal in a homicide defense. It’s often a primary one.

Mental health evaluations and psychological expert testimony can become central to the defense when the evidence supports arguing that the defendant’s mental state negates the element of malice, reducing a charge from murder to manslaughter.

The Legal Process in a Massachusetts Homicide Case

Most homicide investigations begin before any arrest is made. Law enforcement gathers evidence, conducts interviews, and builds a case over days, weeks, or longer. Having defense counsel during the investigation phase, before charges are even filed, is the most effective point for early intervention. Statements made to law enforcement before an attorney is present can be used against the defendant; the right to remain silent applies from the first moment of contact with police.

Arraignment & Court Transfer

After an arrest in Attleboro, the defendant’s first court appearance is arraignment, where charges are formally read and an initial plea is entered. Attleboro cases typically begin at Attleboro District Court before transferring to Bristol County Superior Court in Taunton, which handles all felony-level proceedings for Bristol County. First-degree murder defendants in Massachusetts don’t have an automatic right to bail, though a judge retains discretion based on the circumstances of the case.

Grand Jury & Indictment

The grand jury process determines whether the Commonwealth has sufficient evidence to formally indict. Defense involvement at this stage can affect what evidence is presented and how the case is framed from the outset.

Pretrial Motions

Pretrial motions are among the most consequential phases of a homicide case. This is where the defense can seek to suppress evidence obtained through unlawful searches or seizures, challenge the legality of an arrest, and narrow the evidence the jury will ultimately hear. A successful suppression motion may significantly alter the prosecution’s case.

Trial

At trial, the Commonwealth must prove every element of the charged offense beyond a reasonable doubt. The defense isn’t required to prove innocence. The burden remains entirely with the prosecution throughout, and a skilled defense consistently holds it to that standard.

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