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Assault With Intent to Murder is defined as any person who assault’s another with intent to commit the crime of murder.
The elements of Assault With Intent to Commit Murder are as follows:
1. The accused attempted to physically injure another individual
2. The accused possessed the ability to inflict injury, and
3. The accused intended to kill the individual they assaulted.
Assault With Intent to Commit Murder is a Specific Intent crime. Meaning, in order to find the accused guilty of Assault With Intent to Commit Murder, there must be an actual intent to kill.
A person’s “intent” can be inferred from the circumstances. The accused does not have to say, “I am going to kill you”, his intent can be inferred from other circumstances.
Photographic pictures depicting the condition of the accuser right after the incident occurred may be used to prove the accused’s intent.
Mere presence of a person at the crime scene is not enough to support a conviction for Assault With Intent to Commit Murder.
Assault with Intent to Murder is a felony, and can be found under MCL 750.83.
If the accuser claims the accused knocked her down, pulled her hair, punched her stomach, used a cane to hit her on her back, and punched her in the head, a jury may find the accused guilty of Assault With Intent to Commit Murder.
Assault with intent to murder is punishable by imprisonment in the state prison for life, or any number of years.
The main defense for Assault with Intent to Murder is self defense, as well as defense of others, or insanity. Also, if there is specific circumstances of a case that provide evidence that the defendant acted reasonably due to the presence of extraneous circumstances, there may be adequate evidence establishing a situation which would prompt a reasonable person to experience such a state of anger, passion or fear that would overcome one’s ability to control his or her emotions and that is in fact what happened in the specific case.
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