Practice Areas
- Crimes of Violence
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Attempted Murder
Winning Attempted Murder and Mayhem Cases
Being prosecuted for any crime causes most individuals extreme anxiety. And the more serious the offense, the more frightening it is.
District Attorney’s offices across the state take violent crimes very seriously and attempted murder, assault with intent to murder, and mayhem are no exception. These cases are prosecuted in Superior Court, usually by the most experienced assistant district attorneys.
The Mahoney Criminal Defense Group, led by Attorney Kevin J. Mahoney, has successfully defended individuals charged with attempted murder and assault with intent to murder. To help set your mind at ease, he will meet with you, explain the strengths and weaknesses of the prosecution’s case against you, and honestly advise you.
Using Forensic Evidence to Exonerate Clients
Increasingly, a prosecutor relies on forensic evidence to seal his victory. At trial, he may call experts in forensic disciplines ranging from DNA analysis, toxicology, pharmacology, crime scene reconstruction, fingerprint analysis, blood splatter analysis, ballistics, bodily fluid analysis to pathology. Now, more than ever, a criminal defense lawyer is called upon to have a working, if not intimate, knowledge of the high tech forensic evidence a prosecutor might use against his client. To the untrained eye, what might appear to be damning scientific evidence, may, in fact, demonstrate the client's innocence or, at least, not be that damning after all. Appreciating the subtle differences between compelling and exonerating forensic evidence can save a client from the abyss.
For example, in Commonwealth vs. Christina Martin, the toxicology evidence appeared to provide the District Attorney’s Office with nearly irrefutable proof that someone had poisoned her boyfriend. Confused and intimidated by the toxicology evidence, Ms. Martin’s original lawyer abandoned any hope of challenging this “overwhelming” forensic evidence and, instead, fingered Ms. Martin’s daughter as the murderer. In short, he conceded that the boyfriend had been murdered. Ms. Martin was convicted of 1st degree murder and sentenced to life in prison. After thoroughly educating himself on toxicology tests performed on the deceased, Kevin Mahoney realized that the District Attorney’s Office had withheld additional toxicology evidence from the defense. After forcing the District Attorney’s Office to come clean, Mahoney used the toxicology evidence to free Ms. Martin.
Winning the Case With Effective Cross-Examination
In his best selling book, Relentless Criminal Cross-Examination (2008), Mahoney devotes entire chapters to teaching lawyers how to cross-examine forensic experts, eye-witnesses, snitches, and detectives – especially those detectives who elicited a statement from the defendant. While experience, aggression, and communication skills are important assets for every criminal defense lawyer, tactical, disciplined, creative and thorough cross-examination of prosecution witnesses wins trials. Mahoney has earned a nationwide reputation as a consummate cross-examiner. And spending the time to really get to know his client, his particular circumstances, and the details of the alleged encounter, together with innovative investigative techniques and solid preparation, are the foundation of his most successful cross-examinations.
Statutes & Elements of the Crimes
Attempted Murder (G.L. c. 265, §16)
To convict a defendant of attempted murder, the Commonwealth must prove, beyond a reasonable doubt, that the defendant attempted to commit murder by poisoning, drowning or strangling another person. A conviction is punishable by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.
Assault with Intent to Murder (G.L. c. 265, §15)
To convict a defendant of assault with intent to murder, the Commonwealth must prove, beyond a reasonable doubt, that the defendant assaulted the alleged victim with intention of killing the victim. It is absolutely incumbent upon the prosecution to prove that the defendant had a premeditated intention of murdering the alleged victim. Assault with intent to murder is a serious crime, punishable by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.
Mayhem (G.L. c. 265, §14)
To convict a defendant of mayhem, the Commonwealth must prove, beyond a reasonable doubt, that the defendant, with malicious intent to maim or disfigure, cut out or maimed the tongue, put out or destroyed an eye, cut or tore off an ear, cut, slit or mutilated the nose or lip, or cut off or disabled a limb or member, of another person. A conviction is punishable by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.
Relentless
Criminal
Cross-Examination
“Aside from its excerpts of cross-examination, the book offers extremely valuable wisdom regarding overarching trial strategies (e.g., defense counsel demeanor; tone, tenor, and timing; why you should not call defense witnesses; etc.) The wisdom offered is alone extremely ..."
- Amazon.com Review
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