To convict a defendant of attempted murder, the district attorney prosecuting the case must prove that the defendant took a real step toward carrying out murder and came dangerously close to completing the murder. He must prove that the defendant’s conduct reached the level of an overt act. An overt act is a physical action that a person could reasonably expect to generate a chain of events of that would result in the crime unless some external fact or event interferes. In the context of attempted murder, the act must be one designed to result in death and committed with the specific intent that death result. Preparation or solicitation is not enough to constitute an overt act. To be convicted of attempted murder, the gap between the defendant’s action and the completion of the crime must be much more narrow. In these cases, how small or large that gap is will be determined by the unique facts and circumstances.

Criminal attempts, including attempted murder, are crimes in which guilt depends on the defendant’s intentions. The district attorney must prove that the defendant both (1) harbored a specific intent to kill and (2) acted with malice. “Malice” in attempted murder cases means only that there was no excuse, mitigation or justification.  An excuse or justification is something that makes otherwise unlawful conduct lawful. A common example of an excuse or justification is self-defense. “Mitigation” encompasses a broader range of situations. Mitigation cannot be the basis of acquittal, but it can give reason for a conviction of a lesser included offense.  Mental incapacity can prevent a defendant from forming the malice necessary for an attempted murder conviction.

Massachusetts General Laws Chapter 274 Section 6 is the statute governing attempted crimes. Obviously, attempted murder is a very serious charge. If you or a loved one has been charged with attempted murder, retaining an attorney with unmatched expertise and skill is crucial. Kathleen M. McCarthy is doubtlessly such an attorney. McCarthy practices in all criminal trial and appeals courts in the state. Throughout her legal career, McCarthy has concentrated on criminal law in Massachusetts. She knows the ins and outs of every step of the criminal process, and vigorously represents her clients at every stage of legal proceedings. If you have been charged with attempted murder or any other crime, call the Law Offices of Kathleen M. McCarthy at (978)-975-8060 or contact her online today.