In what circumstances will a defendant be charged with assault with intent to commit murder?

MultiRegion, United States of America

The following excerpt is from United States v. Berckmann, 971 F.3d 999 (9th Cir. 2020):

In United States v. Hinton , the defendant was charged with assault with the intent to commit murder. 31 F.3d 817, 819 (9th Cir. 1994). The government introduced evidence of prior assaults to demonstrate that the defendant intended to stab the victim, and not merely scare her. Id . at 822. We held that "evidence of a prior incident involving the same victim has probative value in disproving claims that the defendant lacked intent " and upheld the admission of the previous attacks. Id. (quoting United States v. Lewis , 837 F.2d 415, 419 (9th Cir. 1988) ).

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