Understanding the Charge
Have you or someone you know been charged with assault with intent to kill? Here is some information to help you better understand the charge.
Massachusetts General Laws Chapter 265 Section 29 prohibits assault with intent to kill. Assault with intent to kill means assaulting another person with the intent to commit manslaughter, and it is a lesser included offense of assault with intent to murder. There are three elements to this crime:
- The defendant assaulted another person. An assault is an attempt or evident attempt to inflict bodily injury upon another individual by unlawful force, accompanied by the evident ability to injure the individual if not prohibited.
- The defendant had a specific intent to kill.
- There was some mitigating circumstance. This means a circumstance that lessens the defendant’s culpability. For example, if the defendant defended himself with too much force or was in the heat of passion after being provoked, a mitigating circumstance would exist. A mitigating circumstance is what makes assault with intent to kill different from assault with intent to murder.
If you have been charged with assault with intent to kill, you need to call an experienced defense attorney like Francis T. O’Brien Jr. of O’Brien Law Boston as soon as possible. You are facing up to 10 years in state prison, and you need an attorney with the knowledge and expertise to put up the best fight for you. Attorney O’Brien has more than 20 years of experience in criminal law, and he is one of the best criminal defense attorneys that Massachusetts has to offer.
Speak with a Boston Criminal Defense Lawyer Now 617-512-0939
To speak with a highly-experienced Boston defense attorney, click here, or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.