Assault and Battery with a Dangerous Weapon
Penalties for Assault and Battery with a Dangerous Weapon
Assault and battery with a dangerous weapon is a felony under Massachusetts law. The penalties for an assault and battery range from an imposed period of probation to a jail or prison sentence. If the case is resolved in district court, the maximum penalty is 2 ½ years in the House of Correction. If the case is resolved in superior court, the maximum penalty is 10 years in prison. In either case there is also a maximum fine of $10,000. The “maximum sentence” refers to the most severe penalty which a person can receive.
If you were charged with this crime, do not talk about it to anyone other than your attorney. Anything you say, text, message or post on social media will be twisted and used against you. A skilled prosecutor can usually take even the most innocent sounding statement and use it against you at trial. Do not talk to anyone other than your lawyer about your case.
Definition of Assault and Battery with a Dangerous Weapon
The law which prohibits assault and battery with a dangerous weapon is spelled out in Chapter 265, Section 15A of the Massachusetts General Laws. This law is often abbreviated as MGL ch. 265, § 15A or G.L. c. 265, § 15A.
If you were charged with this crime, the prosecutor must prove three things beyond a reasonable doubt.
First: That the defendant touched the person of [alleged victim] however slightly, without having any right or excuse for doing so;
Second: That the defendant intended to touch [alleged victim]
Third: That the touching was done with a dangerous weapon.
Some items are considered inherently dangerous. An item which is not normally dangerous can be considered a dangerous weapon if it was used to harm someone. For example, a pillow could be considered a dangerous weapon if it was used to suffocate a person.
Under both the United States Constitution and our state constitution, anyone charged with a crime is presumed to be innocent. This means that you do not have to prove that you are innocent. You are presumed to be innocent. Instead, the prosecutor is the one who must prove beyond a reasonable doubt that the defendant committed the crime. To do this, the prosecutor must provide the jurors with an abiding conviction to a moral certainty that the defendant committed this crime. Proof beyond a reasonable doubt is an extremely high standard. It is the highest degree of certainty possible in matters relating to human affairs.
Attorney Zachary Lown will fight to get you the best possible result. Attorney Lown will work to help you avoid any negative consequences, including on your employment, driver’s license or immigration status. There are a number of defenses available to you in an assault and battery with a dangerous weapon case.
You may call Lown Law Firm for a free consultation.