The crime of assault with intent to rob or murder is governed by Massachusetts General Laws Chapter 265 Section 18. In order for someone to be convicted of assault with intent to rob or murder, the Commonwealth must prove beyond a reasonable doubt that:

• The individual was armed with a dangerous weapon
• The individual assaulted the victim
• With the intent to rob or murder the victim

An individual who is convicted of assault with intent to rob or murder can be punished by imprisonment in the state prison for up to 20 years. However, if the individual was armed with a firearm, shotgun, rifle, machine gun or assault weapon, he or she will be subject to a mandatory minimum sentence of 5 years imprisonment in the state prison in addition to the possibility of up to 20 years in state prison.

If the victim is 60 years of age or older, the punishments escalate. If the victim is 60 years of age or older and the individual is armed with a firearm, shotgun, rifle, machine gun or assault weapon, the punishment is increased to include a mandatory minimum of 10 years imprisonment. A second offense of assault upon a person 60 years of age or older with intent to rob or murder has a mandatory minimum sentence of 2 years imprisonment. A second offense involving a firearm, shotgun, rifle, machine gun or assault weapon is punished by a mandatory minimum of 20 years in the state prison.

Assault with Intent to Murder or Maim

Massachusetts General Laws Chapter 265 Section 15 covers assault with intent to commit murder or to maim or disfigure the victim. Although this is similar to assault with intent to rob or murder, there are a few differences. The most obvious difference is that this statute does not cover assault with intent to rob. There is also no requirement that the individual be armed with a dangerous weapon. The elements of this crime are only that the victim was assaulted with the intent to commit murder or to maim or disfigure. The punishment for this crime is imprisonment in the state prison for up to 10 years or imprisonment in jail for up to 2.5 years and a fine of up to $1,000.00.