Massachusetts Attempted Poisoning Charges
In Massachusetts, there is a specific criminal charge for attempting to poison someone. The statute specifically states that “Whoever mingles poison with food, drink or medicine with intent to kill or injure another person, or wilfully poisons any spring, well or reservoir of water with such intent, shall be punished.”
The charge is not common, but when the police and prosecutors bring the charge against someone, the consequences can be severe. An experienced attorney can help – call us today at 781-797-0555 for a free telephone consultation.
Although the case may begin in District Court or the Boston Municipal Court), the case will be indicted and tried in Superior Court.
The language on the initial criminal complaint may look something like this:
265/28 POISONING, ATTEMPTED c265 §28
on [DATE OF OFFENSE:] did mingle poison with food, drink or medicine with intent to kill or injure another person, or did wilfully poison a spring, well or reservoir of water with such intent, in violation of G.L. c.265, §28. (NO DISTRICT COURT FINAL JURISDICTION IN ADULT SESSION.)
Penalties for Attempted Poisoning
Attempted poisoning in Massachusetts is a felony. If you are convicted, you face up to life in prison. As there is no mandatory minimum sentence, judges have wide discretion in sentencing defendants who are convicted of attempted poisoning. There are sentencing guidelines, which are helpful to understand, although the judges are not bound by the recommended sentence. And of course, each case is unique. That said, the crime is designated as a level 7, which corresponds to a suggested sentence of 60-90 months in state prison, for a person with no record.
Defending Attempted Poisoning Charges
You need an experienced criminal defense attorney to help you fight your attempted poisoning charges. Especially with so much of your freedom on the line. We have the experience necessary to help.
If you’re facing attempted poisoning charges in Massachusetts, call us today at (781) 797-0555 for a free phone consultation.
