Assault by Means of a Dangerous Weapon
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An item that is normally used for innocent purposes can become a dangerous weapon if it is intentionally used as a weapon in a dangerous or potentially dangerous fashion. Any item is considered to be a dangerous weapon if it is used in a way that is reasonably capable of causing serious injury or death to another.
Generally, the circumstances surrounding the crime, the nature, size and shape of the item are taken into consideration as well as the manner in which it was handled or controlled. Under Massachusetts criminal law, the crime of Assault by Means of a Dangerous Weapon may be found at Massachusetts General Laws, Chapter 265, Section 15B.
Legal Elements for Assault by Means of a Dangerous Weapon
In order to be found guilty of Assault by Means of a Dangerous Weapon under Massachusetts criminal law, there must be strong evidence of the following two legal elements:
- the defendant committed either an assault by an attempted battery or an assault by a threatened battery
- the defendant did so intentionally
- the assault was done with a dangerous weapon
Potential Consequences if Convicted of Assault by Means of a Dangerous Weapon
The potential consequences for an Assault by Means of a Dangerous Weapon, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 15B(b). A defendant convicted for an Assault by Means of a Dangerous Weapon may be sentenced to a term of not more than 5 years in state prison or not more than 2 ½ years in a jail or house of corrections.
A defendant will also face the same punishment if the Assault by Means of a Dangerous Weapon was committed against a person 60 years of age or older.
For a second or subsequent offense upon a person 60 years of age or older the defendant will face a sentence in state prison for no less than 2 years. These penalties may be found under Massachusetts General Laws, Chapter 265, Section 15B(a).
If you have been charged with Assault by Means of a Dangerous Weapon and need experienced Massachusetts Assault Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.
