Commonwealth v. Velazquez

After a trial in the Hampden Superior Court, a jury convicted the defendant, Isoniel Velazquez, of armed assault with intent to murder (G. L. c. 265, § 18[b]), assault and battery by means of a dangerous weapon (G. L. c. 265, § 15A[b]), unlawful carrying of a firearm (G. L. c. 269, § 10[a]), and unlawful possession of ammunition (G. L. c. 269, § 10[h]). The defendant argues that malice is an essential element of armed assault with intent to murder and asserts that its omission in the jury instructions warrants reversal. In addition, the defendant argues that trial counsel was ineffective when…