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Armed Assault with Intent to Rob or Murder

The Commonwealth of Massachusetts takes crimes of violence committed against an individual very seriously, which is why they have designated a category known as violent crimes to include some of the most heinous crimes punishable by law. A violent crime is defined an offense in which the offender either uses force or threatens force upon the victim regardless of the use of a weapon. The United States Department of Justice Bureau of Justice Statistics regards five major crimes as violent crimes: murder, rape and sexual assault, robbery, and assault. If you have been charged with a violent crime such as armed assault with intent to rob or murder, you can very well expect the prosecution to launch a full-fledged legal attack in order to secure a conviction. For this purpose, it is extremely imperative that you obtain an experienced Massachusetts violent crimes defense attorney to prepare an even more aggressive and combative defense strategy for your case.

Massachusetts G. L. c. 265, § 18 provides that an individual armed with a dangerous weapon who assaults another with the intention to rob or murder the victim shall be subject to the following punishments:

  • Incarceration in the state prison for a maximum of 20 years

If however, the individual was armed with a firearm, shotgun rifle, machine gun or assault weapon during the time of the assault, they shall be punished by:

  • Mandatory minimum in the state prison for 5 years
  • Maximum sentence of 20 years

In the event that the victim of assault with intent to rob or murder was a person 60 years or older, the offender is punishable by:

  • Incarceration in the state prison for a maximum of 20 years
  • Any second or subsequent offense will result in mandatory minimum incarceration for 2 years

If the assault on a person 60 years or older was committed while the offender was in possession of a firearm, shotgun rifle, machine gun or assault weapon, they shall be punished by:

  • Mandatory minimum in the state prison for 10 years
  • Any second or subsequent offense will result in mandatory minimum incarceration for 20 years
What the Prosecution Must Prove

In order for the prosecution to secure a conviction against a defendant charged with armed assault with intent to rob or murder, they must be able to prove beyond a reasonable doubt (1) that the individual was armed with a dangerous weapon, (2) that the individual assaulted the victim, and (3) the individual had the intent to rob or murder the victim. The third element that must be proven for this crime has to do with the issue of intent, which means that the prosecution must be able to establish evidence of the offender’s mental state in order to prove that they in fact endeavored to rob or kill the victim. There are some defenses available that will negate the issue of intent, such as drug or alcohol intoxication and mental illnesses that may be available depending on the specific circumstances of your case. Only an attorney experienced in assault crimes will know the potential defenses applicable in your case, therefore, it is absolutely necessary to speak with a Massachusetts criminal defense attorney.

Dedicated and Determined Boston Area Violent Crimes Lawyer

Being charged with armed assault with intent to rob or murder can be an extremely frightening and stressful experience, and requires the utmost care when handling a case of this nature. If you enlist the services of The Law Office of Patrick J. Murphy, you can be assured that your case will be first priority and dealt with in a professional and effective manner. Attorney Murphy has been a valued member of the Massachusetts Bar Association since 1994, and has been successfully representing clients in the greater Boston-area for over 18 years. For a criminal defense lawyer who understands your needs and will fight for your freedom, please contact Attorney Murphy today. As a dedicated legal advocate, Attorney Murphy is available 24/7 to provide you with a free legal assessment of your case. Please call (617) 367-0450 or by complete the contacts tab on our website.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
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"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
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"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
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"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User