The crime of assault and battery with a dangerous weapon is governed by Massachusetts General Laws Chapter 265 Section 15A. In order for someone to be convicted of assault and battery with a dangerous weapon, the Commonwealth must prove beyond a reasonable doubt that:

• The individual committed an assault and battery
• The individual committed the assault and battery by means of a dangerous weapon

The term dangerous weapon has not been defined by the Legislature, but the courts have interpreted what it means. The basic definition is a weapon that the batterer controlled that is likely to cause death or serious bodily injury. Some weapons are inherently dangerous such as gun. Other weapons, although not typically considered dangerous, can be classified as a dangerous weapon because of how they are used by the individual committing the assault and battery. A bat could be considered a dangerous weapon or even something that seems innocent, like a pen, depending on how it is used.

An individual who is convicted of committing an assault and battery with a dangerous weapon can be punished by imprisonment in the state prison for up to 10 years or imprisonment in the house of correction for up to 2.5 years and/or a fine of up to $5,000.00.

Under certain circumstances, the punishment may be increased to imprisonment in the state prison for up to 15 years or in the house of correction for up to 2.5 years and by a fine of up to $10,000.00. The punishment escalates when one of the following four additional things occur:

• The individual caused serious bodily injury to the victim
• The individual committed the assault and battery against a victim who the individual knew or had reason to know was pregnant at the time of the incident
• The individual committed the assault and battery against a victim who the individual knew had a restraining order against him or her at the time of the assault and battery
• The individual was 17 years of age or older and committed the assault and battery against a victim who was under the age of 14 at the time of the incident

Another circumstance that results in an increased punishment occurs when an individual commits an assault and battery with a dangerous weapon against a victim who is 60 years of age or older for the second time. For this second offense, the individual will be subject to punishment of up to 10 years in state prison, up to 2.5 years in jail or a fine of up to $1,000.00. There is also a minimum mandatory sentence of at least 2 years in jail for a second offense.