Assault with Intent to Kill

Assault with intent to kill is a crime governed by Massachusetts General Laws Chapter 265 Section 29. It is a lesser included offense of assault with intent to murder. In order to convict a defendant of assault with intent to kill, the prosecutor is required to prove the following two elements beyond a reasonable doubt:

  1. The defendant assaulted another person. An assault is an attempted battery or an unlawful act that puts another person in reasonable fear of an immediate battery.
  2. The defendant acted with a specific intent to kill (without malice). This is where the distinction between assault with intent to kill and assault with intent to murder lies. Assault with intent to murder requires proof that the defendant acted with a specific intent to kill and with malice. In that context, “malice” means the absence of justification, excuse or mitigation. In contrast, assault with intent to kill involves the specific intent to kill coupled with some mitigating circumstance. A mitigating circumstance is one that arises from our natural human weaknesses and makes even unlawful actions slightly less culpable. For example, if the defendant acted in the heat of passion after reasonable provocation or used too much force in defense of himself, a mitigating circumstance would exist.


If you have been charged with assault with intent to kill, you are facing up to 10 years in state prison or up to two and one-half years in jail and a fine of up to $1,000.

Criminal Defense Representation at the Law Firm of Altman & Altman, LLP

At Altman & Altman, LLP, our criminal defense team has more than four decades of experience, and our track record speaks for itself. Our dedicated team of criminal defense lawyers is composed of seasoned litigators who possess the experience, knowledge and courtroom expertise to deliver legal advice of the highest quality. Throughout the course of our representation, we will communicate with you directly. The essence of our firm is aggressive representation combined with personalized attention.

Our Greater Boston Criminal Defense lawyers will stand by your side throughout the entire legal process. Whether you have been arrested, are facing an arraignment, are being investigated, or are being questioned by the police, our experienced MA Criminal Defense Lawyers will vigorously defend your rights. We will stand by your side throughout the process and will fully explain all of your legal options in order to help you navigate these difficult waters.

If you are facing criminal charges in Massachusetts, please Contact the criminal defense lawyers at Altman & Altman to schedule a Free & Confidential Initial Consultation with one of our criminal attorneys. During this free initial meeting, our skilled MA Assault with Intent to Kill criminal defense lawyers will fully explain all of your legal options and will field any legal questions you may have. All consultations are completely confidential.

Our phones are answered 24 hours a day, 7 days a week. In addition to being available by phone around the clock, all emails sent to the firm receive an immediate response.

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