Assault and Battery With a Dangerous Weapon (abbreviated as ABDW in legal terms) represents a more serious form of the lesser offense known as "simple" Assault and Battery. It's important to note that the term "simple" doesn't imply a lack of seriousness; rather, it indicates the absence of certain more severe legal elements. Governed by Massachusetts General Law 265 Section 15A, Assault and Battery With a Dangerous Weapon is indeed a significant offense, one that prosecuting attorneys within District Attorneys' offices treat seriously.
If someone is charged with this offense and their attorney only handles such cases occasionally, there may be cause for concern, as solid and successful experience is needed for these cases. To secure a conviction on this charge, the prosecution must convincingly prove two legal elements to a jury or judge beyond a reasonable doubt. However, defining the term "Dangerous Weapon" can be challenging, as the Massachusetts Legislature hasn't provided a clear definition. While case law offers a broad interpretation, generally stating that a "dangerous weapon" is any item under the defendant's control used to cause death or inflict serious bodily injury, the interpretation can vary.
LEGAL ELEMENTS OF THIS CRIME, AND WHAT THE COMMONWEALTH MUST PROVE TO OBTAIN A CONVICTIONThere are two legal elements of this crime:
Examples of seemingly innocuous items like a chair or a book being legally considered dangerous weapons exist alongside more obvious examples such as a small baseball bat or a paperweight. To navigate the complexities of the charge of Assault and Battery With a Dangerous Weapon, especially considering the severe penalties, it is crucial to have an attorney with extensive experience and expertise in handling such cases.
However, here’s where these cases can become tricky: The Massachusetts Legislature has never defined the term “Dangerous Weapon.” So, exactly what is one? Many times, as with the use of a gun or knife, the answer is obvious and not subject to debate. Other times, however, the answer isn’t so clear. Case law has provided the courts with a general legal interpretation, which broadly speaking, is as follows: A “dangerous weapon” is any weapon that the defendant exercised under his control during the alleged commission of the crime, which is likely to cause death or inflict serious bodily injury. Many items, not normally considered dangerous, can be legally deemed to constitute a “dangerous weapon,” owing to the manner in which the item(s) was used by the defendant in the process of allegedly committing the assault and battery. Some unlikely examples: A chair; a book; a pen. More obvious examples: A small baseball bat; a paperweight. Or even a woman’s stiletto heel.
Because of the much more severe sentences and punishments that follow a conviction of Massachusetts Assault and Battery With a Dangerous Weapon, (See Penalties, below,) the primary legal challenge in these cases is to get the charges reduced to “simple” assault and battery. To successfully do this, it is critical that your Massachusetts assault and battery with a dangerous weapon lawyer be extremely experienced at this skill, and possess an expert-level qualification with these cases. Do not make a mistake in your choice of attorney, or you could end up facing a state prison term. Attorney William D. Kickham has more than 25 years of experience successfully defending these cases. We know how to challenge the prosecution’s witnesses and evidence. We have been very successful in either dismissing these charges outright or in reducing the charges to eliminate the exposure to a severe prison sentence. When that is not possible, we take these cases before a jury, and our track record speaks for itself. Call us 24 hours a day, seven days a week at Ph.: (781) 320-0062, or at Ph.: (617) 285-3600, or contact us online here for a free initial consultation.
PENALTIES UPON CONVICTION – BASIC PUNISHMENTRegarding penalties upon conviction, the statute outlines "base" penalties that can increase based on additional factors accompanying the crime. The base punishment ranges from a maximum state prison sentence of 10 years to a maximum sentence in a County Jail/House of Correction for 2.5 years. It's important to distinguish between state prison and county jail sentences, as the environments and durations differ significantly. Moreover, the punishment escalates substantially if certain factors are present, such as the defendant inflicting serious bodily injury, committing the offense against a pregnant victim, or violating an Abuse Prevention Order. A second offense of Assault and Battery With a Dangerous Weapon carries even more severe consequences, with the possibility of up to 10 years of incarceration and a mandatory minimum jail sentence upon conviction.
Since you’re reading this page, it may be that you have already been arrested for this offense, or fear that you are being investigated by police and that you might be arrested in the near future. Either way, click on the “Free Arrest Tip Sheet” to the left of this page, to download a FREE list of tips on how to handle the immediate aftermath of an arrest in Massachusetts.
ADDITIONAL PENALTIES AND PUNISHMENTWhen certain additional factors are present with the charge of Massachusetts Assault and Battery with a Dangerous Weapon, the punishment following a conviction is increased substantially. The penalties escalate when one of the following four additional factors are present:
If any one of these additional factors above is present, the punishment increases to a maximum of 15 years’ incarceration in state prison, or a sentence to a County Jail/House of Correction for a maximum of 2 ½ years, and a maximum fine of $10,000.00
It doesn’t end there. An additional factor that results in more severe punishment is when a defendant is convicted of committing an assault and battery with a dangerous weapon on a person who is age 60 years or older, for the second time. For this second offense, a defendant is subject to incarceration of up to 10 years in state prison, or a maximum of 2 ½ years in a County Jail/House of Correction, or a maximum fine of $1,000.00. Upon conviction of a second offense, there is a mandatory minimum jail sentence of at least 2 years.
MAKE THE RIGHT CHOICE IN YOUR ASSAULT AND BATTERY WITH A DANGEROUS WEAPON DEFENSE ATTORNEYSince you’re visiting this page right now, the chances are that you or someone you care about has either already been arrested, or you are being investigated by police and fear that you might soon be arrested. If either is true, things are already bad enough. Don’t make them worse by making a serious mistake in who you choose as your defense attorney.
We know how to very aggressively and successfully defend charges of Massachusetts Assault and Battery With a Dangerous Weapon Charges and we know how to make sure you are legally protected to the maximum extent possible. We have been very successful in either dismissing these charges altogether, or in reducing the charges to eliminate the exposure to more severe state prison sentences. When that is not possible, we take our cases to a jury or bench trial, and our track record speaks for itself. Call us 24 hours a day, seven days a week at Ph.: (781) 320-0062, or at Ph.: (617) 285-3600, or contact us online here for a free initial consultation.
Westwood and Boston, Massachusetts criminal defense lawyer William D. Kickham has appeared as a legal analyst on a variety of respected media, including Court TV, Fox News TV-25/Boston, The Boston Herald, WBZ-AM Radio 1030, WCVB-TV5/Boston, Nightside With Dan Rea, Greater Boston With Emily Rooney, Money Matters Radio/Boston, and The Metro Newspaper/Boston. Attorney William D. Kickham is turned to by respected reporters and media organizations in Massachusetts as an authoritative expert in the field of criminal defense law, and the case results he produces for his clients attest to this. For more information on Attorney William D. Kickham’s professional biography, click here Call us today at Ph.: (781) 320-0062, or Ph.: (617) 285-3600, to arrange for a FREE initial consultation of your case. If the matter is not an emergency, you can email us here for a free initial consultation. We respond very rapidly, and your free consultation is completely confidential.
You have nothing to lose and a great deal to gain by calling us. It’s the smartest move you can make right now.