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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:

  1. The defendant touched someone else, however slightly and that he did so without an excuse or the right to do so;
  2. The touching was intentional, not by accident or with negligence;
  3. 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
  • Felony Charges of Assault With a Dangerous Weapon Dismissed

    On September 30, 2019 police from a suburban Boston city received a 911 call from a woman who claimed that a man tried to run her over with his truck. The man's estranged wife was with the caller. She too was identified as a victim in this matter. The police met with both the caller and wife and learned that the defendant and his wife had a history of domestic incidents. This time the woman alleged that our client had been upset with her over a collateral pending court case and that his actions were retaliatory and meant to intimidate her from attending court proceedings. The man was charged with assault and battery with a dangerous weapon in violation of G.L. c. 265 section 15B. Attorney Neyman was hired. After obtaining all necessary discovery we scheduled the case for trial. The 911 recording was deemed inadmissible and we were able to get the case dismissed. 

    Read More in Domestic Assault and Battery

  • Charges of Armed Assault With Intent to Murder, Assault and Battery With a Dangerous Weapon and Assault and Battery With a Dangerous Weapon Causing Serious Bodily Injury Against Non-Citizen Dismissed

    The defendant is not from the United States and he is not a citizen. On September 6, 2018 he came to western Massachusetts with a friend who intended to confront someone who had stolen money from him. There was never an intention to commit an act of violence and the defendant his friend arrived unarmed. Upon spotting the defendant and friend, the "victim" retrieved a stun gun and a knife. He attacked the defendant and friend. In an effort to defend himself, the defendant disarmed the victim who in turn lunged at the defendant. A scuffle ensued during which the victim was stabbed several times in the chest nearly causing death. Our client was charged with armed assault with intent to murder, G.L. c. 265 Section 18b, assault and battery by means of a dangerous weapon, G.L. c. 265 Section 15A and assault and battery dangerous weapon causing serious bodily injury, also G.L. c 265 Section 15A. Attorney Neyman was hired. A series of witnesses and the victim were charged with an assortment of crimes all stemming from this incident. Consequently, Attorney Neyman arranged to meet with all attorneys. It was agreed that all defendants had 5th Amendment privileges as a result of their individual actions in this case. As a result, the district attorney's was notified and all cases were joined for status. At today's status conference all defendants exercised their constitutional rights and the cases were dismissed. The defendant, our client, avoided certain deportation 

    Read More in Violent Crimes

  • Pretrial Probation Under G.L. c. 276 Section 87 For Woman Charged With Assault and Battery By Means of a Dangerous Weapon and Assault and Battery on a Police Officer

    In December of 2018 police in a Boston suburb were called to a home for a report of a domestic assault and battery. When they arrived they met with our client and her boyfriend. Our client denied that anything had occurred. The police went to pat down her boyfriend for a weapons check. He resisted and a scuffle ensued during which our client kicked one of the officers and punched another. She was arrested and charged with assault and battery be means of a dangerous weapon G.L. c. 265 Section 15B and assault and battery on a police officer G.L. c. 265 Section 13D. Today, Attorney Neyman was able to get our client pretrial probation under G.L. c. 276 Section 87. 

    Read More in Pretrial Probation

Client Reviews
"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts
"I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career." Melissa C. Cold Spring, New York, October 2013
"My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job." Bart L. S.
"The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life." Jacquille D. Brockton, Massachusetts
"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts