In Massachusetts, armed assault with intent to murder is when someone assaults another individual while armed, with the intent to kill them. The crime of armed assault to murder is taken extremely seriously in Massachusetts. If you are charged with that crime, it is extremely important that you hire a criminal defense attorney who has the experience and skills to defend you in court.
What Must the Prosecution Prove for a Conviction?
- The defendant was armed with a dangerous weapon
- The defendant assaulted a person, and
- They had the intent to cause the death of the person assaulted
The state must prove that the defendant had the intent to kill the person assaulted, which is arguably the most difficult thing to prove. The state must establish evidence of the defendant’s mental state in order to prove that they had the intention to kill the other party. One possible defense against intent is if they did not have the intent to kill but instead just to scare someone off.
What are the Possible Punishments if Convicted of Armed Assault to Murder?
- Imprisonment of up to 20 years
- Mandatory minimum sentence of 5 years if armed with a firearm (shotgun, rifle, machine gun or assault weapon)
In Massachusetts, if the assault to murder was committed against someone older than 60 years of age, the mandatory sentences increase. If the target was 60 years or older, the maximum prison sentence is 20 years. Any second offense will result in a mandatory minimum sentence of 2 years. If the person assaulted is older than 60 years of age, and the defendant was in possession of a firearm, there is a mandatory minimum sentence of 10 years, and any second offense carries a mandatory minimum of 20 years.
If you’ve been charged with armed assault to murder, I am here to help fight for you. There are defenses that can be argued in court, and I will do everything I can to get you a desirable outcome. I have office locations in Boston and Salem, Massachusetts, but I take cases all over the Greater Boston Area. Call or text me today at 617-295-7500.
