ASSAULT & BATTERY WITH A DANGEROUS WEAPON
Assault with a dangerous weapon means the assault (putting someone in fear of harm) was done with a dangerous weapon (see below for the definition of a dangerous weapon). This charge is a felony is punishable up to 5 years prison and or a fine of $1,000. Assault is the threat of bodily harm that reasonably causes fear of harm in the victim. Assault doesn’t have to involve actual physical contact, but merely the threat of such contact can be enough.
Assault & battery with a dangerous weapon is the actual physical touching of on another person that was done with dangerous weapon. When the assault and battery is alleged to have use a dangerous weapon, the charge becomes far more serious matter.
A “dangerous weapon” are not just guns or knives. Everyday objects such as pencils, plates, cigarettes, doors, an even a shod foot (your foot while wearing a shoe, boot, etc.) can qualify as dangerous weapon so long the item is capable of causing serious injury.
Under Massachusetts law, assault with a dangerous weapon and assault and battery dangerous weapon are felony charge punishable by up to 10 years and/or a fine of $5,000. Enhanced penalties are imposed if the victim has a protection order in place at the time of the assault and battery , is pregnant, is a child, disabled, age 60 or older, or if the assault and battery results in serious bodily injury.
If you are accused assault with a dangerous weapon or assault and battery with a dangerous weapon, you need an experienced criminal defense attorney by your side. Call us now.