Mass. Gen. Laws » Part IV Title I Chapter 265
Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 18 (2026)

Assault with intent to rob or murder; weapons; punishment; victim sixty years or older; minimum sentence for repeat offenders

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 18. (a) Whoever, being armed with a dangerous weapon, assaults a person sixty years or older with intent to rob or murder shall be punished by imprisonment in the state prison for not more than twenty years. Whoever commits any offense described herein while armed with a firearm, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not less than ten years.

Whoever, after having been convicted of the crime of assault upon a person sixty years or older with intent to rob or murder while being armed with a dangerous weapon, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until two years of said sentence have been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served two years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this subsection. Whoever, after having been convicted of the crime of assault upon a person 60 years or older with intent to rob or murder while armed with a firearm, as defined in section 121 of chapter 140, commits a second or subsequent such crime shall be punished by imprisonment in the state prison for not less than 20 years.

(b) Whoever, being armed with a dangerous weapon, assaults another with intent to rob or murder shall be punished by imprisonment in the state prison for not more than twenty years. Whoever, being armed with a firearm, shotgun, rifle, machine gun or assault weapon assaults another with intent to rob or murder shall be punished by imprisonment in state prison for not less than five years and not more than 20 years.

Notes of Decisions
Cited in 224 cases (38 in the last 5 years), 1959–2026 · leading case: Commonwealth v. Buttimer, 128 N.E.3d 74 (Mass. 2019).
Sort: Relevance Newest Treatment
Commonwealth v. Buttimer, 128 N.E.3d 74 (Mass. 2019). · cites it 9× “265, § 15B ( b ) ; armed assault with intent to murder under G. L. c. 265, § 18 ( b ) ; one count of larceny of a firearm under G.”
Commonwealth v. Ennis, 497 N.E.2d 950 (Mass. 1986). · cites it 12× “In November, 1983, the defendant, [1] after a jury trial, was convicted of three charges of assault while armed *171 with a dangerous weapon, with intent to murder, see G.L.c. 265, § 18 ( b ) (1984 ed.), one charge of armed robbery, and a variety of other charges.”
Commonwealth v. Vick, 910 N.E.2d 339 (Mass. 2009). · cites it 2× “The defendant asserts that the jury should have been given the option of returning a verdict of armed assault with intent to kill, rather than armed assault with intent to murder, if they concluded that the Commonwealth did not establish the absence of mitigation beyond a…”
Commonwealth v. Henson, 476 N.E.2d 947 (Mass. 1985). · cites it 2× “See G.L.c. 265, § 18, under which the defendant was charged ("assaults another with intent to .”
Flood v. Southland Corp., 616 N.E.2d 1068 (Mass. 1993). · cites it 2× “See G.L.c. 265, § 18 ( b ) (1992 ed.) (assault with intent to murder while armed with a dangerous weapon, up to twenty years); G.”
Commonwealth v. Wardsworth, 124 N.E.3d 662 (Mass. 2019). “265, § 1 ; armed assault with intent to murder, G. L. c. 265, § 18( b ) ; and firearm offenses pursuant to G.”
Commonwealth v. Arriaga, 691 N.E.2d 585 (Mass. App. Ct. 1998). · cites it 3× “265, § 15A, and armed assault with intent to murder, G. L. c. 265, § 18. He received consecutive sentences as follows: a committed State prison sentence with respect to the former offense, and a sentence of probation with respect to the latter.”
United States v. Barbosa, 896 F.3d 60 (1st Cir. 2018). “The defendant argues that his 2007 AAIM conviction under Mass. Gen. Laws ch. 265, § 18 (b) is not a "violent felony" within the purview of the ACCA.”
Commonwealth v. Parenti, 442 N.E.2d 409 (Mass. App. Ct. 1982). · cites it 4× “Concurrent sentences of imprisonment to the Massachusetts Correctional Institution at Walpole were imposed on the armed robbery and firearms convictions; a consecutive sentence of six to ten years was imposed on the assault conviction.”
Commonwealth v. Fernette, 500 N.E.2d 1290 (Mass. 1986). · cites it 2× “The defendant, Kirk Femette, appeals from his convictions of murder in the first degree, armed robbery, assault with intent to rob a victim over sixty-five years old, G. L. c. 265, § 18 (a) (1984 ed.); assault and battery by means of a dangerous weapon on a victim over…”
Commonwealth v. Garcia, 18 N.E.3d 654 (Mass. 2014). · cites it 2× “Because the underlying felonies here of home invasion, G. L. c. 265, § 18C, and armed burglary, G.”
Commonwealth v. McNulty, 937 N.E.2d 16 (Mass. 2010). · cites it 2× “NOTES [1] The defendant was found not guilty on an indictment charging armed assault with intent to murder, G. L. c. 265, § 18 ( b ). [2] Because Linda Correia; her children, AlexSandra and Edward Correia; her sister, Maureen Correia; and Maureen's children, Tatiana and Adriana…”
Show all 224 citing cases →
— Mass. Gen. Laws ch. 265, § 18(6) — 8 cases
Commonwealth v. DeJesus, 887 N.E.2d 283 (Mass. App. Ct. 2008).
Commonwealth v. Leggett, 978 N.E.2d 563 (Mass. App. Ct. 2012).
Commonwealth v. Antonmarchi, 874 N.E.2d 665 (Mass. App. Ct. 2007).
Commonwealth v. Reveron, 914 N.E.2d 135 (Mass. App. Ct. 2009).
Commonwealth v. Amaral, 960 N.E.2d 902 (Mass. App. Ct. 2012).
— Mass. Gen. Laws ch. 265, § 18(A) — 2 cases
Commonwealth v. Peppicelli, 872 N.E.2d 1142 (Mass. App. Ct. 2007).
Commonwealth v. Chamberlin, 86 Mass. App. Ct. 705 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 265, § 18(a) — 4 cases
Commonwealth v. Ruidiaz, 841 N.E.2d 720 (Mass. App. Ct. 2006).
Commonwealth v. Ennis, 479 N.E.2d 733 (Mass. App. Ct. 1985).
Commonwealth v. Harris, 505 N.E.2d 221 (Mass. App. Ct. 1987).
Commonwealth v. Brown, 715 N.E.2d 449 (Mass. App. Ct. 1999).
— Mass. Gen. Laws ch. 265, § 18(b) — 20 cases
Commonwealth v. Johnson, 543 N.E.2d 22 (Mass. App. Ct. 1989).
Commonwealth v. Hernandez, 826 N.E.2d 753 (Mass. App. Ct. 2005).
Commonwealth v. Jackmon, 822 N.E.2d 754 (Mass. App. Ct. 2005).
Commonwealth v. Velazquez, 814 N.E.2d 356 (Mass. App. Ct. 2004).
Commonwealth v. Hap Lay, 822 N.E.2d 734 (Mass. App. Ct. 2005).
— Mass. Gen. Laws ch. 265, § 18(h) — 4 cases
Commonwealth v. Cotto, 752 N.E.2d 768 (Mass. App. Ct. 2001).
Commonwealth v. Burns, 683 N.E.2d 284 (Mass. App. Ct. 1997).
Commonwealth v. White, 800 N.E.2d 712 (Mass. App. Ct. 2003).
Commonwealth v. Rivera, 979 N.E.2d 1112 (Mass. App. Ct. 2012).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.