What is the Penalty for Assault and Battery with a Dangerous Weapon (ABDW) in Massachusetts?

Written By: Matthew W. Peterson

Published: 11/12/2019

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Penalties for Assault and Battery with a Dangerous Weapon

The penalty for assault and battery with a dangerous weapon can vary from jail to probation depending on the situation. It depends on your record and the nature of the charge.

Assault and battery with a dangerous weapon can be punished by up to two-and-a-half years in the house of Corrections or up to 10 years in prison, depending on whether the Commonwealth chooses to indict you. So, this means the charge can be in either district court or superior court.

The penalty for assault and battery with a dangerous weapon increases greatly if you’re indicted and go to superior court.

Importance of Legal Representation

If you are charged with ABDW, you need an experienced Boston criminal defense attorney to coordinate your defense.

Elements of Assault and Battery with a Dangerous Weapon

Assault and battery with a dangerous weapon requires proof that:

The defendant touched someone (however slight)
The touching was without the other person’s permission
The defendant intended to touch the person (or was reckless)
The touching was done with a dangerous weapon.

What Qualifies as a Dangerous Weapon?

A “dangerous weapon” can be almost anything. Courts have concluded that a hair brush, a large ring, aerosol spray, a car, a “shod foot” (a foot with a shoe on it), and even the sidewalk are dangerous weapons. You must have used the weapon in a dangerous manner.

The penalty for assault and battery with a dangerous weapon can depend on the weapon used. However, the only things that are certainly not dangerous weapons are parts of the human body, such as teeth or hands.

Seeking Legal Help

A criminal defense lawyer in Boston Massachusetts can help defend you if you’re charged with assault and battery with a dangerous weapon. The penalty for assault and battery with a dangerous weapon can vary from jail time to probation.

Notably, Assault and Battery with a Dangerous Weapon does not qualify as a predicate offense for dangerousness in Massachusetts. You must be given a bail if you are charged with ABDW.

I represent people charged with crimes in all Massachusetts courts, even though our office is located in Boston. Call the Law Office of Matthew Peterson today at (617) 295-7500, and let’s get started on your defense.

Frequently Asked Questions (FAQs)

1. What is the difference between assault and battery?

Assault refers to the threat or attempt to cause harm to another person, while battery involves the actual physical act of causing harm. In the context of assault and battery with a dangerous weapon, both elements must be present.

2. Can I be charged with assault and battery with a dangerous weapon if no injury occurred?

Yes, you can still be charged with assault and battery with a dangerous weapon even if no physical injury occurred. The key factor is the intent to cause harm or the reckless use of a dangerous weapon.

3. What defenses can be used against an assault and battery with a dangerous weapon charge?

Common defenses include self-defense, defense of others, lack of intent, or proving that the weapon used was not dangerous. An experienced attorney can help identify the best defense strategy based on the specifics of your case.

4. How does a prior criminal record affect sentencing for assault and battery with a dangerous weapon?

A prior criminal record can lead to harsher penalties if you are convicted of assault and battery with a dangerous weapon. Judges often consider past offenses when determining sentencing, which may result in longer jail time or probation.

5. What should I do immediately after being charged with assault and battery with a dangerous weapon?

It is crucial to remain calm and avoid discussing your case with anyone other than your attorney. Contact a qualified criminal defense lawyer as soon as possible to discuss your options and begin building your defense.