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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
  • Charges of Assault and Battery by Means of A Dangerous Weapon Against College Student Dismissed

    Nearly a year and a half ago our client was at a public venue somewhat impaired after a day of drinking. There was a man who indirectly hurled insults at our client. Enraged, our client threw a beer bottle at the man that hit him in the head. Our client was charged with one count of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. He hired Attorney Stephen Neyman to represent him. Negotiations for a just resolution the better part of the year failed and we pushed the case to trial. Today, the case was dismissed outright. 

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  • Not Guilty After Trial on Felony Charges of Assault and Battery by Means of Dangerous Weapon

    Our client is a registered nurse. In September of 2020 she went to visit her husband at his auto garage. When she arrived she confronted a patron who was not wearing a mask. The patron became rude and aggressive towards our client. The two argued. The "victim" told our client that she had been having an affair with her husband. This angered our client yet she refused to react physically. In an attempt to further antagonize our client the victim started to hit her. The police were called. The victim claimed that our client hit her with a tire iron. Our client's husband confirmed this and felony charges of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A issued. Today, Attorney Neyman tried the case. The verdict was not guilty. 

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  • Pretrial Probation for Investment Banker Charged With Assault and Battery and Assault and Battery by Means of a Dangerous Weapon Dismissed

    In June of 2021 police from a suburban Boston town were dispatched to a parking lot for a report of a domestic assault. The caller reported witnessing a man hitting his teenage daughter. Another witness claimed to have seen the man hitting and kicking his daughter in the back. The daughter was located and did not make any statements. The man was charged with assault and battery under G.L. c. 265 section 13A and assault and battery by means of a dangerous weapon, to wit a shod foot, in violation of G.L. c. 265 section 15A. Attorney Neyman was immediately hired. A continuance without a finding or any form of admission would have resulted in a revocation of the defendant's banking licenses thereby rendering him unemployable. Today we were able to get the felony charge dismissed and pretrial probation under G.L. c. 276 section 87 for the misdemeanor charge. The case will be fully dismissed shortly. 

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Client Reviews
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"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts
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"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
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"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.
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"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