Legal Definitions - lying in wait

Lying in Wait

In criminal law, "lying in wait" describes a situation where an individual conceals themselves and patiently waits for a specific person, with the deliberate intention of causing that person's death or inflicting severe physical harm. This act demonstrates a clear element of premeditation and careful planning, which can significantly increase the seriousness of criminal charges and potential penalties.

Here are some examples to illustrate this concept:

• Example 1: A disgruntled former employee, seeking revenge, hides in the bushes outside their ex-boss's home late at night. They wait for several hours until the boss returns from an evening out, intending to ambush and seriously injure them with a weapon as they step out of their car.

  How this illustrates "lying in wait": The former employee is actively concealing themselves ("hiding in the bushes") and patiently "waiting for several hours" for a specific individual. Their intent is clearly to "seriously injure them," fulfilling the criteria of deliberate planning and malicious purpose.

• Example 2: After a heated argument, an individual learns the route their neighbor takes for their morning jog. The individual then positions themselves behind a large tree along that route, armed with a heavy object, planning to strike the neighbor as they pass by, intending to cause serious head trauma.

  How this illustrates "lying in wait": The individual "positions themselves behind a large tree" (concealment) and is "planning to strike the neighbor as they pass by" (waiting for a specific person). The intent to "cause serious head trauma" demonstrates the malicious intent required by the legal definition.

• Example 3: A person, having threatened their estranged partner, gains access to their partner's apartment building and hides in a utility closet near the partner's front door. They remain hidden for an extended period, knowing their partner will eventually return home, with the intention of fatally assaulting them upon their arrival.

  How this illustrates "lying in wait": The individual "hides in a utility closet" (concealment) and "remains hidden for an extended period" (waiting) for their "estranged partner." The "intention of fatally assaulting them" directly aligns with the intent to kill, which is a core component of "lying in wait."