Facing an attempted murder charge in Massachusetts is an incredibly serious matter. While it differs from a completed homicide, the penalties are still severe and can result in decades of imprisonment. Understanding the elements of attempted murder, how prosecutors build these cases, and what defenses may apply is essential for anyone involved in such a charge.
What Is Attempted Murder Under Massachusetts Law?
Attempted murder occurs when a person, with specific intent to kill, takes a direct step toward committing a homicide, but the act does not result in death. Unlike lesser assault charges, attempted murder requires proof of deliberate intent—not just reckless or negligent conduct.
To convict someone of attempted murder, prosecutors must prove beyond a reasonable doubt that:
- The defendant had a specific intent to kill another person.
- The defendant took a substantial step toward carrying out that killing.
- The act went beyond mere preparation or planning.
Degrees of Attempted Murder
Massachusetts recognizes different theories of attempted murder, which can impact sentencing:
- Attempted Murder in the First Degree: Involves deliberate premeditation, extreme atrocity, cruelty, or commission of a felony.
- Attempted Murder in the Second Degree: Requires intent to kill but without premeditation or aggravating factors.
Penalties for Attempted Murder
The penalties for attempted murder in Massachusetts are harsh:
- First-Degree Attempted Murder: Punishable by up to life in prison.
- Second-Degree Attempted Murder: Punishable by up to 20 years in state prison.
Additional enhancements may apply if a firearm was used, if the victim was a police officer, or if the act occurred during the commission of another felony.
How Prosecutors Prove Attempted Murder
Prosecutors rely on a mix of evidence to establish intent and action, such as:
- Statements or threats made by the defendant.
- Weapons or tools brought to the scene.
- Steps taken toward completion, such as firing a weapon but missing.
- Witness testimony or surveillance footage showing purposeful acts.
The focus is always on whether the defendant’s actions went beyond preparation and whether they clearly intended to kill.
Common Defenses for Attempted Murder
Lack of Intent
If the prosecution cannot prove a specific intent to kill, the charge may be reduced to a lesser offense like assault and battery with a dangerous weapon.
Abandonment
In some cases, showing that the defendant voluntarily abandoned their attempt before completing the crime may weaken the prosecution’s case.
Self-Defense
If the defendant’s actions were in response to an imminent threat, self-defense may apply.
Insufficient Evidence
Challenging the credibility of witnesses, forensic evidence, or video surveillance may create reasonable doubt.
Why Legal Representation Is Crucial
Attempted murder charges carry life-altering consequences. Because the law requires proving both intent and a substantial step, these cases often hinge on nuanced arguments about the defendant’s state of mind and actions. A skilled Boston criminal defense attorney can:
- Challenge whether the evidence truly shows intent to kill.
- Argue that the alleged conduct amounted to preparation, not a substantial step.
- Present defenses such as self-defense or abandonment.
- Negotiate with prosecutors to reduce charges or penalties.
Conclusion
Attempted murder charges in Massachusetts require prosecutors to prove both specific intent to kill and a direct step toward completing the act. Because the stakes include decades in prison or even life sentences, anyone facing such charges should secure experienced legal counsel right away.
Frequently Asked Questions (FAQ)
What is the difference between attempted murder and assault with intent to kill?
Attempted murder requires proof of a deliberate intent to kill and a substantial step toward that goal, while assault charges may only require proof of an intent to cause serious bodily harm.
Can someone be charged with attempted murder if no one was injured?
Yes. Injury is not required—only the intent to kill and a substantial step toward carrying it out.
How serious is an attempted murder conviction compared to murder?
Both carry extremely severe penalties. While murder can result in mandatory life without parole, attempted murder can still result in life imprisonment.
Does Massachusetts allow plea bargains in attempted murder cases?
Yes. Depending on the evidence, a defense attorney may negotiate a plea to a lesser charge, such as assault with intent to kill or aggravated assault.
What should I do if I or a loved one is charged with attempted murder?
Contact an experienced criminal defense attorney immediately. Early legal intervention is critical to building a strong defense.
