One Massachusetts man is arguing that the criminal charges he is facing in the death of another man in 2018 are unjust and exaggerated. The man pleaded not guilty to charges of murder, and his attorney is saying that he should be instead charged with manslaughter. His lawyer says that manslaughter is a more appropriate charge, because no calculated malice or premeditation were involved in the incident. Two other co-defendants also face charges stemming from the incident.
The defendant’s lawyer says that the three men were involved in a mutual fight with the man who died as a result, saying that there was no one-sided attack but an ongoing conflict. The other man died of his injuries after being stabbed. When the case was brought before a grand jury, they received information and a request to indict him for murder. However, they were not given instructions or an option that they could instead indict him on charges of manslaughter. His lawyer says that the latter would have been a more appropriate allegation in this case, in which all parties were involved in physically confronting each other.
However, the prosecutor in the case argued that a few seconds were sufficient to establish premeditation, despite the fact that none of the parties planned for the fight to result in a death. She said that the man on trial started the fight and was not defending himself. One of the co-defendants in the case pleaded guilty to manslaughter in February, while the other co-defendant’s case is also continuing.
In some cases, prosecutors may impose heavier charges than the situation might call for, especially if they want the defendant to plead guilty and avoid a trial. A criminal defense attorney may help people to protect their rights if they are charged with violent crimes.