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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 Domestic Assault and Battery and Assault and Battery With a Dangerous Weapon and Malicious Destruction to a Motor Vehicle Against Local Entrepreneur Dismissed

    Just a couple of weeks ago police investigated a report of a man beating his girlfriend and two other people with a tire iron. It was also reported that this man had taken the tire iron to a car owned by one of the victims and smashed the windshields and windows. It was further alleged that our client slashed the car tires. He was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M, assault and battery be means of a dangerous weapon, G.L. c. 265 section 15A and malicious destruction to a motor vehicle G.L. c. 266 section 28A. Attorney Neyman was hired. Recognizing that this case was going to be difficult for the district attorney's office to prove, a quick trial date was scheduled. Today, just a couple of weeks after the arrest all charges were dismissed. 

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  • Charges of Assault and Battery by Means of a Dangerous Weapon and Assault and Battery Against Professional Gambler Dismissed

    Our client is a professional gambler who makes a significant amount of money playing in poker tournaments around the world. In December of 2018 he attended the funeral of a good friend's grandfather. One of the attendees was drunk and making crude remarks to some of the women. People took exception to his behavior and a fight broke out. During the fight our client was observed punching and kicking a man in the face. The police arrived and identified our client as the perpetrator. He was arrested and charged with assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A, specifically a shod foot and assault and battery under G.L. c. 265 section 13A. COVID delayed the case for over two years. Today, all charges were dismissed. 

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  • 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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Client Reviews
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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