Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 16 (2026)

Attempt to murder

✓ current as of July 2026

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Section 16. Whoever attempts to commit murder by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to commit murder, shall be punished 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.

Notes of Decisions

Cited in 23 cases (4 in the last 5 years), 1977–2026 · leading case: Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016).

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Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016). · cites it 6× “In July, 2009, the defendant was indicted on charges of attempted murder, G. L. c. 265, § 16; wantonly or recklessly permitting substantial bodily injury to a child under the age of fourteen, G.”

Commonwealth v. Hebert, 368 N.E.2d 1204 (Mass. 1977). · cites it 8× “The defendant took exception "to all of that part of the charge which referred to the lesser included offense of manslaughter.”

Commonwealth v. Murray, 742 N.E.2d 1107 (Mass. App. Ct. 2001). · cites it 3× “265, § 15 5 ), and two counts of attempted murder (see G. L. c. 265, § 16 6 ). At the close of the defendant’s case, the judge allowed the defendant’s motion for required findings of not guilty with respect to the two counts charging assault with intent to murder, but denied the…”

Commonwealth v. Carey, 974 N.E.2d 624 (Mass. 2012). · cites it 2× “Based on an assault that occurred during the evening of June 6, 2007, at a home in Hamilton, a jury in the Superior Court convicted the defendant of attempted murder in violation of G. L. c. 265, § 16; armed home invasion in violation of G.”

Commonwealth v. Roderiques, 968 N.E.2d 908 (Mass. 2012). “653, 655-657 (1993) (considering whether assault and battery is lesser included offense of attempted murder by strangling, G. L. c. 265, § 16, same statute as attempted murder by poisoning or drowning).”

Commonwealth v. Ruiz, 903 N.E.2d 201 (Mass. 2009). “265, § 15A (b), attempted murder, G. L. c. 265, § 16; and two indictments charging assault and battery, G.”

Commonwealth v. Dixon, 614 N.E.2d 1027 (Mass. App. Ct. 1993). “The issue in this case is whether assault and battery is a lesser included offense within G. L. c. 265, §16, the crime of “attempt [ing] to commit murder by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to commit murder.”

Commonwealth v. French, 965 N.E.2d 845 (Mass. 2012). “Applying a similar analysis involving a charge of attempted murder under G. L. c. 265, § 16, where a jury returned a verdict on an erroneously instructed lesser included offense of assault and battery, which is not a lesser included offense of attempted murder under the statute,…”

Commonwealth v. Beattie, 560 N.E.2d 714 (Mass. App. Ct. 1990). “See G. L. c. 265, § 16, and G. L. c. 265, § 13A.”

Commonwealth v. Zapata, 918 N.E.2d 791 (Mass. 2009). “On June 12, 2007, a grand jury indicted the defendant for attempted murder, G. L. c. 265, § 16 (count one); armed home invasion, G.”

Commonwealth v. Johnston, 828 N.E.2d 568 (Mass. App. Ct. 2005). “Indeed, Murray involved a prosecution for attempted murder under G. L. c. 265, § 16 (“by any means not constituting an assault with intent to commit murder” [emphasis supplied]).”

Commonwealth v. Carey, 947 N.E.2d 1124 (Mass. App. Ct. 2011). “The grand jury indicted the defendant for (1) attempted murder by strangulation (G. L. c. 265, § 16); (2) armed home invasion (G.”

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