[With Intent To Kill
Luther Lazaro
Assault with the intent to murder is prohibited by Massachusetts General Laws Chapter 265 Section 15. This law determines the penalty for the crime of assault with intent to murder or maim. A person who assaults another with intent to murder, disfigure, or maim (as described in Chapter 265 Section 14) will be sent to state prison for up to 10 years or pay as much as a $1000 fine and a jail sentence of 2 years or less.
The element of assault is satisfied by showing either an attempt to commit a battery or by putting someone in fear of immediate bodily injury. For a more complete understanding of these elements please refer to our assault page.
The intent to kill the person assaulted requires the district attorney to prove beyond a reasonable doubt that the defendant intended to kill the person. An intent to scare someone or an intent to cause serious bodily harm will not satisfy this element. For instance, if the defendant fired a gun in the direction of the victim for the purpose of threatening him or scaring him only he cannot be convicted for this crime. The crime of assault with intent to murder is very difficult for the prosecution to prove in Massachusetts. Rarely are convictions for this crime won by the prosecutor. As a matter of fact, even though this crime is charged frequently in Massachusetts prosecutors routinely agree to reduce or dismiss this offense once the defense lawyer becomes engaged in the case.
There is however a lesser included offense known as assault with intent to kill. Assault with intent to kill requires an assault, the intent to kill, and the heat of passion brought about by sudden or unexpected combat or understandable provocation.
If these crimes are prosecuted in the Superior Courts there is a potential 10 year state prison sentence. If the prosecution chooses to prosecute these charges in the District Courts the maximum punishment is 2 years in the county house of corrections. The crimes of assault, assault and battery and assault by means of a dangerous weapon can be considered lesser included offenses. If a jury finds you guilty of a lesser included offense you will likely be sentenced more leniently than if you have been convicted of the more serious crime.
The crimes of assault with intent to murder and assault with intent to kill are considered violent crimes. We have over 20 years experience defending these crimes in courts throughout Massachusetts. If you have been charged with one of these crimes or if you need to speak with an experienced Massachusetts Criminal Defense Lawyer call our office at 617-263-6800 or contact us online to discuss your violent crime case.
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Every person convicted of any assault with intent to kill or to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, or to commit robbery, or mingling poison with food, drink, or medicine with intent to kill, or wilfully poisoning any well, spring, or cistern of water, shall be sentenced to imprisonment for not less than 2 years or more than 15 years. In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in 22-3571.01.
There are two different crimes in Massachusetts which make it a criminal offense to assault an individual with the intent or murder or maim, or to assault another with the intent to kill without malice. The difference between the two crimes is that assault with intent to murder or maim requires the prosecution to prove beyond a reasonable doubt that the defendant possessed a desire to inflict injury, harm or suffering, otherwise known as malice. Evidence of malice may be satisfied with three mental states: (1) an intent to cause death, (2) an intent to cause grievous bodily harm, or (3) an intentional act which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood of death. Assault with intent to kill is considered a lesser crime, in which the prosecution does not have the duty to establish the element of malice. If you have been charged with either of these violent crimes, ensure the best outlook for your future by contacting an experienced assault crimes lawyer at once.
Massachusetts General Laws Chapter 265, Section 15 governs the crime of assault with intent to murder or maim. The statute provides that any individual who assaults another while possessing the intent to commit murder, or to maim or disfigure another person in any way is subject to the following punishments:
During the trial for an assault with intent to murder or maim charge, if either party introduces evidence of a mitigating factor, a jury will not be able to convict a defendant of assault with intent to murder, but instead assault with intent to kill.
A mitigating factor arises when the specific circumstances of a case provide evidence that the defendant acted reasonably due to the presence of extraneous circumstances; such as in the heat of passion, in an instance of sudden combat, or due to reasonable provocation. There must be adequate evidence establishing a situation which would prompt a reasonable person to experience such a state of anger, passion, fear, fright, or nervous excitement that would overcome ones ability to control his or her emotions and that is in fact what happened in the specific case. The prosecution must be able to prove (1) the initial assault, (2) a specific intent to kill, and (3) the absence of malice.
To convict an individual in either of the crimes described above, the prosecution must prove that the defendant possessed a specific intent to kill the victim. Because the element of intent is a state of mind, it must usually be inferred from the facts of the case, as direct evidence of ones mental state rarely exists. Specific intent is considered an essential element in proving many different crimes, and therefore, defendants and their defense attorneys often argue that they did not possess the specific intent required and consequently cannot be held liable for their crime. In Massachusetts, drug and alcohol intoxication, as well as mental illness, may be used as evidence to raise reasonable doubt about whether a defendant is even capable of possessing a required specific intent. It is important to note that in the event that a defense attorney is able to negate the intent to murder due to intoxication or mental illness, a defendant may still be found guilty of assault. For these reasons, it is an absolute necessity that you enlist the help of an intelligent Massachusetts criminal defense attorney.
Courts view assault crimes in Massachusetts very seriously, therefore it is crucial that you obtain the best legal counsel when facing an Assault with Intent to Murder or Kill charge. The Law Office of Patrick J. Murphy has 18 years of successful experience defending clients facing charges of violent crimes. Attorney Murphy is a highly skilled and knowledgeable Boston-area defense attorney who has built a successful and reputable career defending his clients. For a free and confidential assessment of you case, please call (617) 367-0450 or completing the contacts tab on our website.
A person commits the offense or assault and battery with intent to kill (ABWIK), now classified as attempted murder in S.C. Code 16-3-29, when he or she injures another person with the intent to kill or cause the death of that person. Upon conviction, a person found guilty of assault and battery with intent to kill present is guilty of Attempted Murder, a felony, and must be imprisoned for not more than thirty years.
Our free consultation includes an initial meeting with you to discuss your case and review any paperwork you may have relating to your case. Following the initial free consultation, we generally charge a flat fee for criminal cases, with case costs as an additional cost to you.
Table of Contents Title 18.2. Crimes and Offenses Generally Chapter 4. Crimes Against the Person Article 4. Assaults and Bodily Woundings 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc
If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.
Assault with a Deadly Weapon with the Intent to Kill (AWDWIK) occurs when a person (1) commits an assault (2) on another (3) with a deadly weapon (4) with the intent to kill. While statue does not specifically define "assault," common law creates a clear understanding of assault in North Carolina. According to State v. Roberts, 270 N.C. 655, 658 (1967), assault is any overt act or attempt or the unequivocal appearance of attempt, with force or violence, to immediately physically injury another person, with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury. In other words, assault is any action which shows force or violence and causes a reasonable person to fear for he/she will suffer immediate physical injury.
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