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.
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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.
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
What is Bodily Injury?
Courts require bodily injury to have a significant impact on the victim’s health or comfort, without the necessity of it being a permanent injury, and it cannot be considered trifling.
What are Reckless Actions?
Engaging in reckless behavior involves knowingly or reasonably foreseeing that one’s actions may lead to harm, yet choosing to persist in such actions.
How Attorney Donovan can help with your case
Navigating an assault and battery with a dangerous weapon charge in Massachusetts demands expert legal representation to safeguard your rights and pursue the best possible outcome. As a seasoned criminal defense attorney, I specialize in providing comprehensive defense strategies tailored to the complexities of your case.
When facing such serious charges, it’s crucial to have a knowledgeable attorney who understands the intricacies of Massachusetts state laws and the legal nuances of assault and battery with a dangerous weapon. I will conduct a thorough review of the evidence against you, meticulously analyzing police reports, witness statements, and any other pertinent information to build a robust defense strategy.
Drawing upon my extensive experience in criminal defense, I will work tirelessly to challenge the prosecution’s case and protect your rights. Whether negotiating with prosecutors for reduced charges or vigorously advocating for your innocence in court, I am committed to achieving the best possible outcome for your case.
Moreover, I understand the gravity of the situation and the potential consequences you face. That’s why I provide compassionate support and guidance throughout the legal process, offering reassurance, answering your questions, and advocating fiercely on your behalf.
With my knowledge, experience, and dedication to your case, I will fight tirelessly to protect your rights and achieve a favorable resolution. If you are facing assault and battery with a dangerous weapon charges in Massachusetts, don’t hesitate to contact me for a confidential consultation. Together, we will work towards securing your freedom and protecting your future.
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.
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.
