Assault and battery with a dangerous weapon is proven when an assault occurs involving a dangerous weapon. The assault can be just a slight touch and no more of the victim with a dangerous weapon. Any object can be considered a dangerous weapon so long that it is proven that the object was used in a dangerous or potentially dangerous manner which would cause harm. Examples of different objects that are considered dangerous are: lit cigarettes, barstools, a boot or shoe, basically any object that when used in a dangerous manner can cause harm.
Potential sentences if convicted of assault and battery with a dangerous weapon are 2½ years in jail or if indicted a potential sentence of 10 years in state prison. Assault and battery with a dangerous weapon can carry up to 15 years in jail for certain offenses. If the assault and battery with a dangerous weapon is committed against someone who has a restraining order against the defendant, a pregnant person or a child under the age of 14 then the maximum punishment is increased to 15 years. If the victim of the assault is over the age of 60 there is a mandatory minimum of two years in jail.
A Boston attorney with experience in assault and battery cases needs to be consulted as soon as possible. If you are being investigated for assault and battery or if you have been charged with a crime, contact Frank Fernandez for a free confidential consultation regarding your case.