Assault and Battery With a Dangerous Weapon
Intentional assault and battery with a dangerous weapon, prohibited by Massachusetts General Laws Chapter 265 Section 15A, involves the following three elements which must be proven by the government beyond a reasonable doubt:
With no right or excuse, the defendant touched someone’s person.
The defendant acted intentionally in committing the touching. “Intentionally” means that the touching was conscious or deliberate and not an accident or mistake. The government does not have to prove that there was any specific intent to injure.
A dangerous weapon was used in the touching. The prosecutor does not have to prove that an injury resulted. Even a slight touching is enough if it was done with a dangerous weapon. A dangerous weapon is one that can cause death or a serious injury. Some weapons, such as guns, are inherently dangerous, but other items can become dangerous even if they are normally innocent. In determining whether an item is a dangerous weapon, the circumstances and the way in which the item was handled can be considered. For example, handling a pencil by aiming it at another person’s eye could render the pencil a dangerous weapon.
It is also a crime to commit a reckless assault and battery with a dangerous weapon. Reckless assault and battery with a dangerous weapon involves the following three elements:
The defendant’s actions caused bodily injury to another person. The injury cannot be trifling, and it must interfere with the person’s health or comfort.
The injury was done with a dangerous weapon.
The defendant acted recklessly, meaning that he or she knew or reasonably should have known that his or her actions were very likely to cause significant harm. As this is an objective standard, it does not matter whether or not the defendant actually knew that his actions would be likely to cause such harm.
If you have been charged with assault and battery with a dangerous weapon or have questions about any criminal matter, call the Law Office of Robert J. Wheeler, Jr. at (617) 973 5858 or send Attorney Wheeler an e-mail. With more than three decades of experience in criminal defense, Robert Wheeler is the lawyer who is most qualified to handle any case. You can reach his office 24 hours and day and 7 days a week.