Assault with a Dangerous Weapon

The crime of assault in Massachusetts is taken one step further when an individual adds a dangerous weapon into the mix. The crime of assault with a dangerous weapon in Massachusetts is found in the statute listed as G.L. c. 265, s. 15B (b) and it adds one additional element to those required for the crime of simple assault.Here, if an accused uses a dangerous weapon in connection with the assault, the perpetrator can be punished up to five years in state prison if the matter is indicted, or up to imprisonment of up to two and one-half years in a house of correction. Also, a fine of not more than one thousand dollars may be imposed along with other terms and conditions of probation. If the district attorney is not able to prove that a dangerous weapon was involved in the crime, then a person may still be convicted of simple assault as this is considered a lesser included offense of the crime of assault with a dangerous weapon.

In order to convict, the prosecutor must prove the following elements:

1. the accused intended to put the alleged victim in fear of an
   imminent battery;
2. the accused engaged in some conduct toward the alleged victim
   which the alleged victim reasonably perceived as imminently threatening a
   battery;
3. the accused used a dangerous weapon.

Massachusetts law considers the crime of assault by means of a dangerous weapon an aggravated case when the victim is sixty years or older. Under G.L. c. 265 s. 15B(a), the Commonwealth must complain and show that the person was at least 60 years of age or older. Actual knowledge or “the should have known” standard is applied here, although the victim’s appearance is only one factor and not the defining one unless the person appeared of “extreme” age. The punishment maximum ranges from two and one-half years in jail to five years in prison depending on the court that your find yourself in (District, Municipal or Superior court). If a defendant is convicted of a second or subsequent offense in this category, they can receive a mandatory minimum sentence of two years. In Massachusetts, both crimes are considered felony offenses.

All assault with a dangerous weapon cases are different and a strategic approach to building a solid and winning attack against such allegations begins with hiring the right Massachusetts criminal defense attorney. Don’t go it alone or pay for a lawyer that does not focus solely on the complicated area of criminal defense. The Law Office of Patrick J. Murphy has about 20 years of experience in the courts fighting assault-related charges and Attorney Murphy knows how to obtain the most favorable result possible for his clients. If you have been charged with any assault crime, it costs nothing to call Attorney Murphy today to discuss how he can employ winning defense to you case. Attorney Murphy is available now and he will speak with you confidentially about the facts of your situation. Contact The Law Office of Patrick J. Murphy by calling (617) 367-0450 or completing the email contact tab on the website.