Attempted murder

 

 

Massachusetts General Laws Chapter 274 Section 6 governs attempt crimes. The law states as follows:

 

 

Section 6: "Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows. First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death. Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more. Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine. Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty."

 

 

To convict a defendant of attempted murder, the district attorney must prove that the defendant took a substantial step towards carrying out the murder and came dangerously close to completting the murder. It must accompany an "overt" act which means that a reasonable persons acts would be expected to generate the crime unless some unforseeable event interferes. For example, preparation or solicitation are not enough to warrant an "overt" act. Attempt crimes require the defendants specific intent to comit the crime, therefore any mental condition that may inhibit their ability to form the neccessary intent may give rise to a lesser offense.

 

 

 

Contact an Expert Violent Crimes Attorney

 

 

At the Law Offices of Michael R. St. Louis, we are fully prepared to handle your attempt case. As a leading Boston criminal defense law firm, we can provide you with the direction and legal counsel you need to fight your misdemeanor or felony charges. Call our Law Offices today for your initial consultation at 781-816-3950 or contact us online.

 


 

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