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.
Waltham District Court: Two Counts of Assault and Battery by Means of a Dangerous Weapon and one Count of Domestic Assault and Battery Dismissed
On March 20, 2016 members of the Waltham, Massachusetts police department responded to a call for a fight. They arrived and found the victim stabbed in various locations on his body. A trail of blood led the officers into a nearby home where they located the defendant hiding. The victim identified him as the assailant and complained that he had stabbed him several times. The victim was taken to the hospital by ambulance. Also present was a woman later identified as the defendant's girlfriend. She too complained that the defendant struck her. Marks supporting her complaint were visible on her face and body. The man was arrested and charged with two counts of assault and battery dangerous weapon, G.L. c. 265 Section 15A and domestic assault and battery, G.L. c. 265 Section 13M. Attorney Neyman scheduled the case for trial. Today, all charges were dismissed.
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Concord District Court: Pretrial Probation for Professor Charged With Assault and Battery Dangerous Weapon
The defendant is a professor at a prominent local university. On August 25, 2016 Lexington, Massachusetts police were called for an altercation in a parking lot by a Starbuck's restaurant. The victim met with the police and reported that after a road rage incident our client kicked him in the groin with a shod foot. Officers confirmed the report through witnesses and charged the man with assault and battery by means of a dangerous weapon under G.L. c. 265 Section 15A. Today our office got the case resolved with six months pretrial probation pursuant to G.L. c. 276 Section 87. The charges will be dismissed.
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Lowell Superior Court: Iron Worker Avoids Prison in Major Stabbing Case
In September of 2011 the defendant was driving around his neighborhood looking for a man who had been destroying personal property in various yards in the area. He encountered the man walking down a street near his. He confronted the man about the destruction. An argument ensued, followed by a physical altercation. Our client removed a knife from his vehicle and stabbed the other man in the stomach. The attack resulted in significant medical injuries, hospitalization, treatment and nearly killed the victim. Our client was charged with assault with intent to murder, assault and battery by means of a dangerous weapon, assault and battery and more. He immediately hired Attorney Neyman who was able to get him released on a modest bail. The case was vigorously litigated for four years. Today, Attorney Neyman was able to get probation for the defendant. No jail or prison sentence was imposed.
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