Assault and Battery By Means of a Dangerous Weapon
The crime of assault and battery by means of a dangerous weapon has several sub-components in Massachusetts. The law is set out in Massachusetts General Laws Chapter 265 Section 15A. To convict someone of this crime the district attorney must prove beyond a reasonable doubt that:
- The defendant touched someone else, however slightly and that he did so without an excuse or the right to do so;
- The touching was intentional, not by accident or with negligence;
- The touching was done with a dangerous weapon.
There is not need for the government to prove that the defendant intended to cause any injury nor does the prosecutor have to prove that the defendant actually did cause injury with the dangerous weapon. Any slight touching is sufficient, as long as it was done with a dangerous weapon. Just about anything qualifies as a dangerous weapon so long as the district attorney proves beyond a reasonable doubt that the instrument was used as a weapon in a dangerous or potentially dangerous fashion. As examples, pencils or pens can be dangerous weapons. Broomsticks, flashlights, lighted cigarettes and chairs have in some instances qualified as dangerous weapons. On the other hand, there are certain weapons that are considered inherently dangerous and these do not have to be used in a dangerous fashion. Inherently dangerous weapons include firearms, switch blades, brass knuckles, and other items as defined under Massachusetts General Laws Chapter 269 Section 10(a) and 10(b).
If you are convicted of committing an assault and battery by means of a dangerous weapon you can be sentenced for up to 10 years in prison if the case is prosecuted in the superior court or 2½ years in a county house of correction if the case is kept in the district court.
Other components of assault and battery by means of a dangerous weapon are as follows:
- If you commit a second offense assault and battery by means of a dangerous weapon on a person sixty years or older there is a minimum mandatory 2 year jail sentence;
- If you commit an assault and battery by means of a dangerous weapon on someone and in doing so cause serious bodily injury there is a potential 15 year prison sentence;
- If you commit an assault and battery by means of a dangerous weapon on a pregnant person there is a potential 15 year prison sentence provided however that you knew or had reason to know that the victim was pregnant;
- If you commit an assault and battery by means of a dangerous weapon on someone who has a restraining order against you there is a possible 15 year prison sentence, provided you knew of the existence of the restraining order;
- If the defendant is 17 and the victim is under the age of 14 he or she faces is a possible 15 year prison sentence if convicted.
The Law Offices of Stephen Neyman is committed to defending anyone accused of committing a crime in Massachusetts and throughout the country. We have been defending violent crimes for over 20 years with great success. Call our office at 617-263-6800 or contact us online to discuss your violent crime case.
Case Results » Assault and Battery By Means of a Dangerous Weapon
Malden District Court: Assault and Battery By Means of a Dangerous Weapon Charges Dismissed
December 3, 2014
On December 28, 2013 the defendant, a local businessman and his friend were at a restaurant/bar in Malden, Massachusetts. The friend went to the establishment to confront a man who he believed had been seeing his wife. A fight arose and the Malden police were called to the scene. They met with the victim who claimed that the friend and our client punched him in the face several times and kicked him while he was down on the ground. An independent witness corroborated the victim’s account of the incident. Our client and his friend were arrested and charged with assault and battery by means of a dangerous weapon. That crime is a felony in Massachusetts. Today, Attorney Neyman was able to get the felony charges dismissed. The defendant was given a continuance without a finding on the lesser included charge of assault and battery. That charge will be dismissed after a short probationary period.
Charges of Home Invasion, Armed Burglary, Assault and Battery and Assault and Battery by Means of a Dangerous Weapon Dismissed
June 6, 2013
Marlborough District Court: On February 16, 2013 Marlborough, Massachusetts police officers responded to an apartment for a call that someone had broken into a home and assaulted its occupants. The occupants reported to the police that the defendant, a Sudbury, Massachusetts businessman had kicked in a window, entered the property, grabbed and punched the female occupant and chased the male occupant into the parking lot. The suspect fled and was apprehended nearby by the police. Charges of Home Invasion, Assault and Battery by Means of a Dangerous Weapon, Armed Burglar and more were filed. After a series of court appearances involving various pretrial motions Attorney Stephen Neyman succeeded in getting all charged dismissed.
Drug Distribution Charges Against Local Restaurant Manager Continued Without a Finding, School Zone Dismissed
June 5, 2013
Lowell District Court: On December 2, 2012 members of the Lowell, Massachusetts Department acting in an undercover capacity observed a vehicle being driven by the defendant being operated in an erratic manner. The officer pulled the car over and immediately smelled a strong odor of unburnt marijuana coming from the car. When they made contact with the operator, a local restaurant manager, they saw in plain view drug distribution paraphernalia. Specifically, the police saw packaging materials and a digital scale. The defendant was arrested and charged with Possession With Intent to Distribute narcotics and a Massachusetts School Zone Violation. Today, Attorney Neyman was able to get the School Zone Charges dismissed and the remaining Massachusetts Drug Charges continued without a finding. All charges will be dismissed shortly.