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Been Charged with Assault and Battery by Means of a Dangerous Weapon, What you Need to Know

Posted by attorney David Newton

If you have been charged with Assault and Battery by Means of a Dangerous Weapon (ABDW) you should know that it is a felony in Massachusetts with a potential penalty of imprisonment in the state prison for up to 10 years or in the house of correction for up to 2.5 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

For you to be convicted of ABDW the prosecutor must prove that 1.) that you touched the person of another, no matter how slight, without a right or an excuse to do so, 2.) that you intended to touch the other person, and 3.) that is was done so with a dangerous weapon.

What might be of some surprise to you is that any item can become a dangerous weapon. Over my years practicing criminal law I have seen some extreme and not so obvious items used to charge a person with ABDW. The law just provides that the item has to be used in a dangerous manner that could cause serious injury.

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