The number one mistake that I see people make, in assault cases, particularly assault & battery with a dangerous weapon cases, is that they think that authorities are going to see things the way they do. In other words, the defendant says, well I was justified because he said this, he said that, he got me angry... Well the fact is it's still a crime. But, if they don't take it seriously from the very beginning, they don't hire the right defense attorney to represent them seriously, so that's the number one mistake, not taking it seriously, not hiring counsel, and basically just making all kinds of statements that end up hanging you down the road.Is a Sneaker Considered a Weapon in an Armed Assault Case?
A sneaker is a funny thing, in terms of an armed assault and battery in Massachusetts. It's softer than a shoe. So very often, if someone's wearing a sneaker when they kick somebody, it's not treated like an assault and battery with a dangerous weapon. However, if I pick up my sneaker, and I throw it at you...armed assault.What Constitutes an Armed Assault & Battery in Massachusetts?
In Massachusetts, an armed assault and battery is really an assault and battery with a dangerous weapon. That dangerous weapon can be anything. It can be a shoe. You've probably heard of assault and battery with a shoed foot, that's a foot with a shoe in it. It can be a gun, it can be a car, it can be a pencil. It can be anything. The fact is any item can be used as a weapon. If any item is used as a weapon, it's armed assault.