The Massachusetts Crime of Assault with Intent to Rob
Assault with intent to rob is a crime pursuant to Massachusetts General Laws Chapter 265 Section 20. To convict a defendant of assault with intent to rob, the Commonwealth has to prove beyond a reasonable doubt that:
- The defendant assaulted another person with violence or force. To satisfy this element, the district attorney prosecuting the case has to prove that the defendant acted with enough force to cause the alleged victim to reasonably fear bodily injury. It is not necessary to prove that the defendant actually touched or used violence toward the alleged victim. Proof of physical intimidation may be enough to satisfy this element. The mere act of grabbing money from another person’s hand may be enough to prove assault with violence or force.
- The defendant had the intent to rob or steal. This can be inferred from the facts and circumstances of the case.
Assault with intent to rob is punishable by up to ten years in state prison.
Assault with intent to rob while armed with a dangerous weapon is a more serious offense that is punishable by up to twenty years in state prison. To convict a defendant of assault with intent to rob while armed with a dangerous weapon, the prosecutor has to prove the following elements beyond a reasonable doubt:
- The defendant committed an assault.
- The defendant was armed with a dangerous weapon. A “dangerous weapon” is one that is designed to produce death or serious bodily harm or one that is capable of causing serious bodily harm because of the way in which it is used.
- The defendant had the specific intent to rob at the time of the assault. This means that the defendant’s purpose or goal was to rob the alleged victim.
It is always important to have an attorney if you have been charged with a crime. It is important to be able to appropriately evaluate all options to ensure that you attain the best possible result.How Does Someone Know If He or She Should Plead Guilty or Go To Trial?
The decision of whether to go to trial or not is completely up to the defendant. An experienced lawyer can evaluate the facts and any possible defenses and explain all of the pros and cons to a defendant relative to trial. Even if a defendant faces a mandatory minimum sentence, in some situations the District Attorney will reduce the sentence to below the mandatory if a defendant will plead guilty. A plea takes the risk out of the equation—both sides know what they are getting. When a case goes to trial – there is no guarantee of any type of outcome. However, if after a careful evaluation it is determined that he Commonwealth does not have a strong case, then a trial may be the appropriate course of action. An experienced lawyer can assist for a defendant to make a well- informed decision in this area.
If you have been charged with assault with intent to rob or any other crime, call the Law Offices of Kathleen M. McCarthy at (978)-975-8060 or contact her online today. Attorney McCarthy will begin fighting for you as soon as you call. She is an experienced and fierce criminal defense attorney who is dedicated to protecting the rights of her clients. Attorney McCarthy and her legal team make sure that each and every client receives the attention and communication that they need at every stage of the legal process.