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.