Assault and Battery with a Dangerous Weapon

The consequences that can result from a conviction on charges of assault and battery by means of a deadly weapon conviction are serious. Attorney Noonan has dealt with these types of cases for over 29 years. Attorney Noonan is a Brockton Assault Defense Attorney with legal and trial experience you should take into court with you.

The crime of assault and battery by means of a dangerous weapon is set out in Massachusetts General Laws Chapter 265 Section 15A. In order to convict someone of assault and battery with a dangerous weapon the district attorney must prove the following:

  1. The defendant touched another person (regardless of how slight) without an excuse or justification;
  2. The touching was intentional;
  3. The touching was done with a dangerous weapon.

Attorney Noonan is a former assistant district attorney who knows the system.  His expertise as a prosecutor has enabled him to build strong defenses as a defense lawyer even in complicated cases involving serious crimes, including charges of assault with a deadly weapon.

Definition of a Dangerous Weapon Under Massachusetts Law

A “dangerous weapon” includes items that by their nature are capable of causing serious injury or death. Dangerous weapons are also those items which when displayed in a such a way reasonably appear capable of causing serious injury or death. … Thus, an object that is, on closer inspection, incapable of inflicting serious injury or death can still be a dangerous weapon if, at the time of the offense, it would have been reasonable to believe that it was capable of inflicting such injury.

In other words whether an item can be classified as a dangerous weapon depends on:

  • Whether the victim believed the weapon had ability to inflict bodily harm;
  • Whether the victim reasonably so perceived it; and
  • Whether the defendant by the use of the instrumentality intended to create fear in furtherance of a crime.

Charged With A&B With a Deadly Weapon? Talk to us for free.

Our knowledgeable and experienced Brockton criminal defense law attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Wrentham, Foxborough, Franklin, Walpole; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; Cape Cod, Falmouth, Barnstable.

No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.