Understanding the Charge
If you have been charged with Assault with Intent to Murder, it is imperative that you contact an experienced defense attorney, as you are facing up to ten years in state prison. The following information may be helpful to understanding what you are up against.
Assault with Intent to Murder is governed by Massachusetts General Laws Chapter 265 Section 15. In order to convict you of this crime, the prosecutor has to prove three things beyond a reasonable doubt. Firstly, she will have to prove that you committed an assault. In criminal law, an assault is an attempted battery or an unlawful act that puts another person in reasonable apprehension of an immediate battery. Secondly, she will have to prove that you intended to kill, meaning that you decided to kill and that killing was your goal. Finally, the prosecutor has to prove that you acted with malice. As it pertains to this crime, malice means that there was no mitigation, justification, or excuse for your conduct. Mitigating circumstances deal with our weaknesses as human beings. The existence of a mitigating circumstance makes your actions less culpable, but it does not make them lawful. For example, a mitigating circumstance would exist if you were reasonably provoked and in the heat of passion. When there is mitigation, assault with intent to murder can be reduced to assault with intent to kill, a lesser included offense. Unlike mitigation, which does not make conduct lawful, justification or excuse turn otherwise criminal actions into non-criminal ones. For example, if you were acting in self-defense, a justification would exist.
If you have been charged with assault with intent to murder, call Francis T. O’Brien Jr. of O’Brien Law Boston as soon as you can. With more than 20 years of experience and an unparalleled knowledge of criminal law, Attorney O’Brien can build the winning defense that you need.
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.