Assault With Intent to Murder
Armed assault with intent to murder is a major felony crime punishable by up to 20 years in state prison in Massachusetts. This type of charge is usually brought in situations in which the alleged victim sustained a substantial physical injury. To bring this charge, prosecutors must prove that there was some type of a weapon involved in the commission of the crime, whether it was a gun, a knife, a pipe, or some other dangerous weapon. Many times these are circumstances in which a mutual fight may have escalated or where the accused was provoked, resulting in a stabbing, serious beating or shooting. If you have been charged with assault with intent to murder or armed assault with intent to murder, there is a lot at stake. That is why you need a Boston criminal defense attorney who can evaluate and defend your case properly.
Contact us online at the Yannetti Criminal Defense Law Firm today to receive a confidential and free phone consultation to discuss your case.
High Burden of Proof on Prosecutors
Assault with intent to murder is a particularly difficult charge for prosecutors to prove. Prosecutors have the burden of proving that at the time the injury was inflicted, the alleged perpetrator specifically intended to murder the victim. This is known in criminal law as a “specific intent” crime and is a higher degree of intent than mere “general intent.” Essentially, the intent in an assault with intent to murder charge is the same as the intent that is necessary to substantiate a murder charge. At trial, the prosecution will have to prove that beyond a reasonable doubt that you committed all elements of this crime in order to obtain a conviction. While these charges may originate in district court, they may not be resolved there unless the charges are reduced, because the district court has no jurisdiction over this crime. If the Commonwealth intends to prosecute this crime, therefore, it must indict the alleged perpetrator by presenting evidence to a grand jury. The case would then be prosecuted in Superior Court.
With such a high burden of proof, prosecutors will often try to use this charge as leverage. Their hope in those circumstances would be to intimidate a defendant into pleading guilty to a lesser crime. That is why it is so crucial that you have a Boston murder defense attorney who is not intimidated by prosecutors who bring such a serious charge to use it as a plea bargaining tool. Attorney David Yannetti and his associates are former prosecutors with years of extensive experience. They have a proven track record and will use their superior negotiation skills to help you plea to a lesser charge only if it is in your best interests and something you want to do. Otherwise, they will stand ready to fight the government for you by fiercely and intelligently defending you at trial. At the Yannetti Criminal Defense Law Firm, our attorneys are experienced enough to see through a case when it is brought only for intimidation purposes. We will thoroughly evaluate your case to determine the best plan of action.