Assault & Battery with a Dangerous Weapon

Massachusetts General Laws Chapter 265, Section 15A, which governs the criminal offense of Assault & Battery with a Dangerous Weapon, imposes the penalty upon conviction for this offense imprisonment to state’s prison for up to 10 years or in the House of Corrections for up to 2.5 years, and fined up to $5,000.

In order to be convicted of the crime of Assault & Battery with a Dangerous Weapon, the prosecutor has the burden of proving, beyond a reasonable doubt:
  1. That the defendant touched the person of another, however slightly, without having any right or excuse for doing so;
  2. That the defendant intended to touch the person; and
  3. That the touching was done with a dangerous weapon.
Whether the defendant intended to touch the person of the other with the dangerous weapon means that the defendant consciously and deliberately intended the touching to occur, and that the touching was not merely accidental or negligent. The prosecutor is not required to prove that the defendant specifically intended to cause injury; and it is not necessary to prove that the defendant actually caused injury to the person. Rather, any slight touching is sufficient, so long as it was done with a dangerous weapon.

If you have been charged with the crime of Assault & Battery with a Dangerous Weapon or any other Crime of Violence, you should immediately consult with an experienced Massachusetts Criminal Defense Lawyer who can explain and best protect your legal rights.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons accused of the crime of Assault & Battery with a Dangerous Weapon and is available 24/7. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.

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