Legal Elements for Assault with Intent to Murder or Assault with Intent to Kill
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Under Massachusetts criminal law, there must be strong evidence of the following legal elements to convict the defendant of Assault with Intent to Murder:
- that the defendant assaulted a person, either by a threatened or attempted battery
- that the defendant possessed a specific or actual intent to cause the death of the person assaulted
This means that the defendant must have had an actual, subjective intent to kill. However, if there is evidence such as the proper use or excessive force in self-defense, sudden heat of passion by provocation, or sudden combat, then an additional element that must be proven is the absence of such justification, excuse, or mitigating circumstance.
If absence of such justification, excuse, or mitigating circumstances has not been proven then the charge may be reduced to the lesser included offense of Assault with Intent to Kill, also known as Manslaughter.
Potential Consequences if Convicted of Assault with Intent to Murder or Assault with Intent to Kill in Massachusetts
The potential consequences for Assault with Intent to Murder, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 15.
A defendant convicted of Assault with Intent to Murder may be sentenced to a term of imprisonment for not more than 10 years in state prison or in jail for not more than 2 ½ years.
If you have been charged with Assault with Intent to Murder and need experienced Massachusetts Assault Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.