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Assault and Battery with a Dangerous Weapon: What is a Dangerous Weapon?

Assault and battery with a dangerous weapon is a serious charge that can befall anyone accused of assaulting an individual with a weapon that could cause harm. You might assume that the alleged attacker has to be wielding a purpose-built weapon, such as a gun or a knife. However, the definition of a dangerous weapon is quite broad. If you are accused of assault and battery with a dangerous weapon you should retain an experienced criminal defense attorney immediately. The consequences of a conviction for this crime are severe.

A Recent Example: Assault With a Broken Bottle

Four people were charged in a recent violent incident that broke out on Thanksgiving Eve outside Kowloon restaurant. Saugus police charged one person with two counts of assault and battery with a dangerous weapon. According to police the dangerous weapon was a broken bottle.

What is a Dangerous Weapon?

A dangerous weapon can be anything that reasonably appears capable of causing serious injury or death to another person. In practice this can mean almost anything. It can mean a broken bottle, as in the example above, any kind of object aimed with force, including a shoe or a heel, or any object that can cause injury in any way, including objects that could cause suffocation.

What is Assault and Battery?

Assault and battery is when there is an assault in which physical contact is made. This could include setting in motion a projectile, even if there is no bodily contact or no direct contact by a weapon. Assault by itself doesn’t have to include battery. It is simply behavior that can reasonably cause someone to fear they will be harmed. If you are facing any assault charge, or any charge of assault and battery, it’s important to recognize how serious this is. You may assume that a brawl that doesn’t result in serious injury is something that prosecutors will overlook. If you are charged with assault and battery with a dangerous weapon however, prosecutors consider this to be a serious crime. You need an experienced Assault and Battery Defense Attorney by your side if you are accused of such a crime.

One thing to consider is that there are many levels of assault charges, such as assault and battery with a dangerous weapon on a pregnant woman or on a child under 14 by a perpetrator 17 years older. These charges can result in even more severe consequences. Assault and battery with a dangerous weapon is a felony that can result in a sentence of up to 10 years in state prison and a $5,000 dollar fine, even if the alleged assault does not cause serious bodily injury. Your first steps when you are charged with “ABDW” should be to hire an experienced assault and battery defense attorney as soon as possible. At Dhar Law, LLP, we can help you build a strong defense so your rights are protected. Please contact our experienced Boston criminal defense team to learn more.

Arrested?

Have you or a family member been charged or arrested? It’s important not to make mistakes early on in your case. Download our PDF on the top 3 things to do to help your defense or if you have been arrested by the State Police or FBI or you are the subject of an FBI Arrest Warrant.

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Heading up the firm, Vikas Dhar is widely recognized as a leader in the New England legal community. An accomplished business litigator and a “Top 40 Under 40” criminal defense attorney, he has also been honored as a New England Super Lawyer/Rising Star in the area of White-Collar Criminal Defense for each of the past six years by Boston Magazine.

I have the power and the skill to be able to save people from themselves. I can be your guide during the darkness. I can hold your hand and navigate you out of the darkness into the light.

— Vikas Dhar
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