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

Posted by David Newton | Mar 30, 2013 | 0 Comments

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.  In the linked article the dangerous weapon is the bouncer's “shod foot” or more simply put he had shoes on when he allegedly kicked the other person.  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.

If you have been charged with Assault and Battery by Means of a Dangerous Weapon you should contact an experienced criminal defense attorney. At the Newton Law Firm, Attorney Newton has handled numerous ABDW cases in his career. Call today for a free consultation.

David Newton, Esq.
The Newton Law Firm

About the Author

David Newton

I served in the U.S. Marine Corps for five years. After serving honorably in the U.S. Marine Corps, I graduated magna cum laude from State University of New York College at Brockport with a B.S. in Business and Economics. I then continued on to obtain my law degree cum laude from Boston Universit...


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Let My Experience Be Your Peace Of Mind

Former NYC, Boston and NH State Police Prosecutor Committed to Defending your rights.