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Assault and Battery with Dangerous Weapon (265/15A)

Felony Charge

When the Commonwealth alleges than an assault and battery was conducted with the use of a "dangerous weapon," that fact makes the it a felony charge.  As a general rule, you should never admit to a felony when you have not already been convicted of one without some very compelling reason to do so.  Therefore, if you are charged with an assault and battery with a dangerous weapon, you should generally plan on fighting the charge.

Defending the Charge of Assault and Battery with a Dangerous Weapon

In addition to proving the underlying assault and battery, where there is an allegation that a dangerous weapon was used, the Commonwealth had to show that the weapon falls into the legal definition of a dangerous weapon, and that it was actually used in the assault. 

The definition of a dangerous weapon is technical and subject to the way courts have read the statute in prior cases.  At the same time, however, the definition of a dangerous weapon is very broad, and includes many objects that most people probably would not consider a dangerous weapon.  For example a foot wearing a shoe can be considered a dangerous weapon, but not all shoes are dangerous enough to meet the definition. 

If you are, or someone you know is, charged with assault and battery with a dangerous weapon, contact me to set up a free consultation to discuss whether this is something the Commonwealth will be able to prove.

 

See G.L. c. 265 s. 15A; Assault and Battery