In Massachusetts, Assault With Intent to Murder is defined under General Laws Chapter 265, Section 15. This statute criminalizes assaults carried out with the specific intent to murder another person. The key element here is “malice,” which refers to a wrongful intention to cause death without justification.
Assault With Intent to Kill, while not explicitly codified, is recognized as a lesser-included offense under the same statute. The primary distinction lies in the absence of malice; the perpetrator intends to kill but lacks the malicious intent that characterizes attempted murder.
To secure a conviction for Assault With Intent to Murder, the Commonwealth must prove beyond a reasonable doubt:
For Assault With Intent to Kill, the elements are similar, with the critical difference being:
Under Massachusetts law, Assault with Intent to Murder is punishable by imprisonment in the state prison for not more than 20 years. If the assault is committed while armed with a dangerous weapon, the penalties can be more severe. For instance, if the offender is armed with a firearm, shotgun, rifle, machine gun, or assault weapon, the law mandates a minimum sentence of 5 years and a maximum of 20 years in state prison.
With years of specialized experience, The Law Office of Matthew W. Peterson has established itself as the go-to Boston criminal defense attorney in Massachusetts.
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55 Union Street, Suite 400 Boston, MA 02108
617-295-7500
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15 Church St, Suite 105 Salem, MA 01970
978-607-0034
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No, Massachusetts law does not specifically define “Assault with Intent to Kill” as a separate offense. This term is often used interchangeably with “Assault with Intent to Murder,” which is the recognized statutory offense under General Laws Chapter 265, Section 15.
Yes, self-defense can be a valid legal defense if it can be demonstrated that the defendant reasonably believed they were in imminent danger of death or serious bodily harm and used necessary force to prevent it.
A “dangerous weapon” includes any instrument or object that, by its nature or use, is capable of causing serious injury or death. This can range from firearms to objects not typically considered weapons but used in a manner that could cause harm.
Yes, Massachusetts law imposes enhanced penalties for assaults committed against individuals aged 60 or older, especially when the assault is committed with a dangerous weapon.
It’s crucial to seek legal representation immediately. An experienced criminal defense attorney can evaluate the charges, advise you on your rights, and develop a defense strategy to protect your interests.
Experienced Criminal Lawyers Ready to Fight for You
Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500
Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034
Office Hours
Mondays – Fridays
24/7 Support
Saturdays – Sundays
10:00am – 2:00pm
The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links
The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02108 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links