Legal Elements for Assault with Intent to Rob
Under Massachusetts criminal law, there must be strong evidence of the following legal elements to convict the defendant of Assault with Intent to Rob:
- that the defendant assaulted a person, either by a threatened or attempted battery
- that the defendant took and carried away property
- that was owned or possessed by another
- the defendant took the property from the person in the person’s presence
- by use or threat of force or violence
- with the intent to deprive the person of that property permanently
Potential Consequences if Convicted of Assault with Intent to Rob in Massachusetts
The potential consequences for Assault with Intent to Rob, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 20. A defendant convicted of Assault with Intent to Rob may be sentenced to a term of imprisonment for not more than 10 years in state prison.
However, if the defendant assaults a person of any age, to include persons 60 years or older, with the intent to rob while being armed with a dangerous weapon, the defendant’s possible punishment doubles and may face imprisonment for a term not more than 20 years in state prison.
Additionally, if the offense involved a firearm, shotgun, rifle, machine gun or assault weapon, a punishment of not less than 5 years and not more than 20 years in state prison for those below age 60 and not less than 10 years for those persons above age 60. The potential consequences for Assault with Intent to Rob while Armed, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 18.
If you have been charged with Assault with Intent to Rob 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.