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Massachusetts Assault and Battery Dangerous Weapon Lawyer

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Massachusetts Assault and Battery Dangerous Weapon Attorney

Assault and Battery by Means of a Dangerous Weapon is a felony and, therefore, a serious criminal charge that should not be taken lightly. This severe charge has the potential consequences of going to jail, facing probation, potential fines and fees, and a criminal conviction.

If you are charged with Assault and Battery by Means of a Dangerous Weapon, you do not have to fight the charges alone, you can contact an experienced Massachusetts criminal defense attorney Ellison Law LLC has Massachusetts assault crimes lawyers who have handled many different types of assault cases throughout the Commonwealth of Massachusetts.

What Is Assault And Battery By Means Of A Dangerous Weapon In Massachusetts?

Assault and Battery by means of a dangerous weapon essentially means that you have physically attacked someone with a dangerous weapon. Mass. Gen. Laws ch. 265, § 15A (b) states “Whoever commits an assault and battery upon another by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.”

What Does The Prosecution Have To Show For Me To Be Found Guilty Of Assault And Battery By Means Of A Dangerous Weapon In Massachusetts?

The prosecution must prove beyond a reasonable doubt that:

  1. You touched the person of the alleged victim;
  2. You intended to touch the alleged victim;
  3. And the touching was done with a dangerous weapon.

What Is “Touching The Person Of The Alleged Victim?”

A touching is any physical contact, no matter how slight or minor in severity. A touching can be direct, such as when a person physically hits another with a closed fist. Or a touching can be indirect, such as when a person sets in motion a force or instrumentality that strikes another like the firing of a gun.

How Can The Prosecution Prove That “I Intended To Touch The Alleged Victim?”

The prosecution must prove that you consciously and deliberately meant to touch the alleged victim, and therefore that touching was not accidental or negligent. Therefore, they can prove that you intended to touch the victim based on any evidence—witness testimony, photos, video footage, etc.—of your actions before, after, and during the incident.

What Is A Dangerous Weapon Under The Law In Massachusetts?

A weapon is “an instrument of offensive or defensive combat, or anything used, or designed to be used, in destroying, defeating, or injuring an enemy.” Commonwealth v. Sampson, 383 Mass. 750, 754 (1981).

A dangerous weapon is any item that was designed to cause serious injury or death. Additionally, a dangerous weapon can also be an item that is usually used for innocent or practical purposes can still be a dangerous weapon if it reasonably appears to be capable of causing serious bodily injury or death.

What Is Serious Bodily Injury In Massachusetts?

According to Massachusetts law, serious bodily injury means bodily or physical injury “which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.” Mass. Gen. Laws ch. 265, § 15A (d).

What Are The Penalties For Assault And Battery By Means Of A Dangerous Weapon In Massachusetts?

The penalties for Assault and Battery by Means of a Dangerous Weapon are the following:

  • up to 10 years in state prison
  • up to 2 and a half years in the House of Correction
  • a maximum fine of five thousand dollars ($5,000).
  • potential felony conviction
  • potential probation

What Are Some Defenses For Assault And Battery By Means Of A Dangerous Weapon In Massachusetts?

There is no clear-cut defense to any charge, every case is unique, and, therefore, every defense is dependent on the facts of your case. With that being said, common defenses to an Assault and Battery by Means of a Dangerous Weapon charge include:

  • Self-Defense
  • Defense of Another
  • This alleged incident never occurred
  • The touching was not intentional
  • The touching was accidental

What Should I Do If I Am Charged With Assault And Battery By Means Of A Dangerous Weapon In Massachusetts?

If you or a loved one have been charged with Assault and Battery by means of a Dangerous Weapon and needs an experienced Massachusetts criminal defense attorney, don’t hesitate to contact the criminal defense attorneys at Ellison Law LLC today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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