The Law Office of Patrick T. Donovan

Massachusetts Criminal Attorney

617.479.1800 24/7
  • Home
  • Profile
  • Criminal Defense
    • Restraining Orders
      • Restraining Orders FAQs
    • Harassment Orders
    • Domestic Violence
      • Domestic Violence Case Wins
      • Assault and Battery on Family or Household Member
      • Restraining Order Violation
      • Assault on Family Member
      • Witness Intimidation
      • Strangulation Suffocation
      • Stalking
      • Threats to Commit a Crime
      • Mass Law About Hitting Your Kids
    • Drunk Driving
      • OUI DUI WINS
      • First Offense
      • How Much Does an OUI Cost?
      • CHILD ENDANGERMENT WHILE OUI
    • Motor Vehicle
      • Motor Vehicle Crime Case Wins
      • LEAVING THE SCENE OF PERSONAL INJURY
      • LEAVING THE SCENE OF PROPERTY DAMAGE
      • OPERATING AFTER LICENSE SUSPENDED
      • NEGLIGENT OPERATION
      • Reckless Operation
      • Uninsured Motor Vehicle
      • MASSACHUSETTS UNLICENSED OPERATION
      • Attaching Wrong Plates Massachusetts
      • Massachusetts Road Racing
      • Failure to Obey Police Officer
      • Use of Motor Vehicle Without Authority
      • IGNITION INTERLOCK DEVICE
    • Encore Boston Harbor Criminal Attorney
    • Theft Crimes
      • Theft Crimes Wins
      • LARCENY UNDER $1200
      • Larceny Over $1200
      • LARCENY BY CHECK
      • Identity Fraud
      • Larceny By Embezzlement
      • Credit Card Fraud
      • Receiving Stolen Property
    • Drug Crimes
    • Sex Crimes
      • Statutory Rape
      • OPEN AND GROSS LEWDNESS AND LASCIVIOUS BEHAVIOR
      • Annoying and Accosting Persons
      • Indecent Assault and Battery
      • Indecent Exposure
      • Enticing a Child Under 16
    • College Students
      • Fake ID
      • Fake ID Case Wins
      • Disorderly Conduct
      • MINOR IN POSSESSION OF ALCOHOL MASSACHUSETTS
      • Disturbing the Peace
    • Criminal Harassment
    • Violent Crime
      • Assault and Battery Wins
      • Threats
      • Aggravated Assault and Battery
      • Mayhem
      • Assault and Battery with a Dangerous Weapon
      • Assault and Battery
        • Shoplifting
          • Shoplifting Case Wins
      • Assault
      • Resisting Arrest
    • Clerk’s Hearings
    • Weapons Crimes
    • Warrants
    • Speeding Tickets
      • Massachusetts Surchargeable Infractions
      • Massachusetts Speeding Ticket Recent Victories
      • How to Appeal a Massachusetts Speeding Ticket
      • Massachusetts RMV and Board of Appeals
      • Massachusetts Speeding Tickets FAQ
      • Massachusetts Drivers Suspensions
  • Case Wins
  • Client Reviews
  • Contact Us

Assault and Battery with a Dangerous Weapon

Assault and Battery with a Dangerous Weapon is a felony in Massachusetts. Massachusetts General Law c 265 s 15a defines assault and battery with a dangerous weapon. The maximum penalty for this is ten years in state prison. Also, six years is the statute of limitations for this charge.

Assault and Battery with a Dangerous Weapon Definition

There are two ways to prove assault and battery with a dangerous weapon. The first is intentional conduct. There are three elements to Intentional ABDW. They are:

  • There was a touching, even very slight, without a right.
  • Also, It was intentional
  • Finally, the touching was with a dangerous weapon

In cases of intentional ABDW, the prosecutor only needs to prove a slight touching. Also, the prosecutor does not need to prove any actual injury.

Dangerous weapon a knife
Man with a dangerous weapon

Reckless ABDW

The second way a prosecutor can prove an ABDW charge in Massachusetts is to prove reckless conduct. In order to prove reckless ABDW the prosecutor must prove:

  • First, the bodily injury was done with a dangerous weapon
  • And, the actions were reckless
See What Past Clients Have to Say About Massachusetts Criminal Attorney Patrick Donovan

What is Bodily Injury?

Courts say bodily injury must be serious enough to impact the victim’s health or comfort. Also, it does not need to be a permanent injury. Also, It cannot be “trifling.”

What are Reckless Actions?

Reckless behavior is when someone knows or should know their actions are likely to cause injury yet continue to do so.

See Our Recent Wins

What is a Dangerous Weapon?

A dangerous weapon in Massachusetts is either inherently dangerous or it is not. To be clear, an inherently dangerous weapon is capable of inflicting serious bodily injury or death. An example of an inherently dangerous weapon is a knife or a gun. Any item can be used as a dangerous weapon if it reasonably appears to be able to cause serious injury or death. Finally, in deciding if something is considered a weapon courts consider all of the facts of the case.

Defenses to Assault and Battery with a Dangerous Weapon

A Massachusetts criminal attorney can defend an ABDW case. An attorney can review the facts and find the best legal defenses. In any assault and battery case, an experienced Massachusetts criminal attorney would see if self-defense or defense of others cases could apply. Also, an attorney could question the weapon allegedly used. Many other defenses could also apply based on the facts of the case.

See out Guide to the Massachusetts Court System
Mass. Criminal Attorney

Ma. Criminal attorney Patrick Donovan has represented many people charged with Assault and Battery with a dangerous weapon. Mr. Donovan, a former prosecutor, uses his prior training and experience to get the best possible outcome.

Mr. Donovan has appeared in over fifty Massachusetts criminal courts. He has tried cases both as a defense attorney and as defense counsel. Mr. Donovan is a criminal attorney with an office located in Quincy.

Just Arrested?

Everything you need to know if you were arrested in Massachusetts.

Arrest Information

Court Process

Everything you need to know about the Massachusetts Court Process

Court Process Explained

Criminal Record

See how a criminal case impacts your criminal record.

Info about Criminal Records

Practice Areas

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle
  • Drug Crimes
  • Sex Crimes
  • College Students
  • Disturbing the Peace
  • Criminal Harassment
  • Theft Crimes
  • Violent Crimes
  • Disorderly Conduct
  • Warrants
  • Record Sealing
  • Probation
  • Weapons Crimes
  • Magistrate Hearing
  • Personal Injury
  • Speeding Tickets

Menu

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle Crimes
  • Drug Crimes
  • Sex Crimes
  • Theft
  • Contact Us
  • Make a Payment

Office Location

Law Office of Patrick Donovan
Law Office of Patrick Donovan logo
234 Copeland Street Suite 230
Quincy, MA 02169
Phone: (617) 479-1800
Fax: (617) 622-1531

Court Information

Everything you need to know about criminal courts in Massachusetts.

Court Info

Copyright © 2023