The attempt to commit a crime, even if unsuccessful, is itself a crime.  Massachusetts General Laws Chapter 274, Section 6, punishes the crime of Attempted Murder with imprisonment for up to 10 years in state prison.

In order to be convicted of the crime of Attempted Murder, the prosecutor must prove:

1. That the defendant had a specific intent to commit the crime of Murder;
2. That he took an over act toward committing the crime of Murder, which was part of carrying out the crime, and came reasonably close to actually carrying out that crime; and
3. That the defendant’s act did not result in the crime being completed.

An “overt act” is some actual, outward, physical action, as opposed to mere talk or plans.  The overt act must be a real step toward carrying out the crime.  Preliminary preparations to commit the crime are not enough.  The overt act has to be more of a step toward actually committing the crime, after all the preparations have been made.

If you are facing charges for Attempt: Murder in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!