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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 and Battery by Means of a Dangerous Weapon Against Contractor Dismissed

    In November of 2023 our client, a local contractor, received an unnerving phone call from his daughter. She had just been physically and sexually assaulted by a man she had known for many years. She informed her father that the man was heading to a bar in a suburban Boston city. Our client went to the bar, confronted the man and beat him severely with his hands and feet. The man was taken to a local hospital. Our client was arrested and charged with assault and battery by means of a dangerous weapon, a felony in Massachusetts under G.L. c. 265 section 15A. Attorney Stephen Neyman was hired. Today, the case against our client was dismissed. 

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  • Felony Charges of Assault and Battery by Means of a Dangerous Weapon Against Hair Salon Owner Dismissed

    Our client owns a hair salon in a Boston suburb. In July of 2023 an individual entered the salon and began loitering. He did not want any of the services offered. He was making several patrons uncomfortable and he was ultimately asked to leave. He refused and started threatening our client. She responded by throwing a bottle at the man that connected with his head. He suffered lacerations requiring stitches. The police responded and charged our client with assault and battery by means of a dangerous weapon, a felony under G.L. c. 265 section 15A. Today, we succeeded in getting all charges dismissed. 

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  • Pre-Arraignment Diversion for College Student Charged With Assault and Battery on a Police Officer and Breaking and Entering With the Intent to Commit a Felony

    Our client is a college student. In October of last year he took some psychedelic mushrooms with one of his roommates. The drugs made him violent and the roommate called the police. Shortly thereafter, neighbors called the police as well when they saw the man climbing a building and entering two apartments through the windows. When the police arrived they made contact with the suspect who in turn became violent towards the police officers. He began kicking and spitting on them. Detecting drug intoxication, the police took our client to the hospital where it was confirmed that he was having a bad reaction to the drugs. He was summonsed to court and charged with two counts of assault and battery on a police officer under G.L. c. 265 section 13D and two counts of breaking and entering with the intent to commit a felony, a felony pursuant to G.L. c. 266 section 16. Attorney Neyman moved to continue the arraignment on two occasions. During that time, the defendant went to drug counseling, paid restitution to the victims and prepared letters of apology to the police officers. We told our client to take the remedial measures in hopes that pre-arraignment diversion under G.L. c. 276A would be agreed to by the district attorney's office. Today, all charges were diverted prior to arraignment. 

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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
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"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts