Assault & Battery with a Dangerous Weapon
According to Massachusetts Law §265.15A (2011), assault and battery with a dangerous weapon (ABDW) is a felony offense in our state. If convicted, you can receive up to ten years in prison for a first offense. Regardless of the weapon used during the battery or assault, if it can be considered dangerous or deadly, your sentence will be the same. Charges of assault and battery with a dangerous weapon should be taken seriously because almost anything can be considered a weapon according to Massachusetts courts. For example, you can be charged with assault and battery with a dangerous weapon if you touched someone with a pencil, pen, broomstick, flashlight, or even if you kicked someone with shoes on your feet. On the other hand, there are weapons that are considered inherently dangerous and do not have to be used in a dangerous fashion. These dangerous weapons include knives, firearms, brass knuckles, blowgun, blackjack, and other similar weapons.
Penalties for Conviction
It is so essential to have a skilled lawyer on your side if you have been arrested for a crime of this nature because the punishments for conviction are quite severe. If you are convicted of assault and battery with a dangerous weapon, you can receive probation, a fine of up to $5,000, and ten years in prison. If you are convicted of seriously injuring someone with a weapon, or if that person is pregnant at the time of the incident, you can face a prison sentence of fifteen years. You will also face a mandatory prison sentence if the victim is above sixty years old.
Assault and battery with a deadly weapon charges can increase when serious bodily injury is involved. Serious bodily injury means that the victim will be permanently affected by the injury, such as vision or hearing loss or permanent disfigurement. If the victims was pregnant or under the age of 14 or if the victim was protected against the abuser by a restraining order, the suspect could be sent to state prison for up to 15 years and fined up to $10,000.
In order to be convicted of assault and battery by means of a dangerous weapon, the district attorney must be able to prove three factors beyond the shadow of a doubt. First, the prosecutor must prove that the defendant touched someone and did so without an excuse or the right to do so. Secondly, the prosecutor must prove that the touching was intentional and not by accident or with negligence. Finally, it must be proven that the touching was done with a dangerous weapon. Many people are surprised to learn that the prosecutor does not have to prove that the defendant actually caused injury with the dangerous weapon. The prosecutor does not even have to prove that the defendant intended to cause injury.
Assault and Battery with a Weapon Defense in Boston
When you are accused of this felony crime, the odds are stacked against you. You need a tough legal advocate who will fight to protect your rights and your future against these serious charges. Contact our legal team at Keegan Law for the aggressive, tireless defense you need. We look forward to hearing from you.