Contents:
Assault with a Dangerous Weapon on a Victim 60 years or Older in Massachusetts Massachusetts law considers the crime of assault by means of a dangerous weapon an aggravated case when the victim is sixty years or older.
A deadly weapon, sometimes dangerous weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms. Assault with a Dangerous Weapon The crime of assault in Massachusetts is taken one step further when an individual adds a dangerous weapon into the mix .
The punishment maximum ranges from two and one-half years in jail to five years in prison depending on the court that your find yourself in District, Municipal or Superior court. If a defendant is convicted of a second or subsequent offense in this category, they can receive a mandatory minimum sentence of two years.
In Massachusetts, both crimes are considered felony offenses. Hire a Skilled Boston, Massachusetts Assault Crimes Criminal Defense Lawyer All assault with a dangerous weapon cases are different and a strategic approach to building a solid and winning attack against such allegations begins with hiring the right Massachusetts criminal defense attorney.
The Law Office of Patrick J. Murphy has about 20 years of experience in the courts fighting assault-related charges and Attorney Murphy knows how to obtain the most favorable result possible for his clients. If you have been charged with any assault crime, it costs nothing to call Attorney Murphy today to discuss how he can employ winning defense to you case.
Attorney Murphy is available now and he will speak with you confidentially about the facts of your situation. Murphy by calling or completing the email contact tab on the website. The Commonwealth also prohibits an individual to commit a reckless assault and battery with a dangerous weapon.
Of course, if you did not commit an assault and battery at all, then you are entitled to have the case tried in front of a jury, where the burden of proof is always on the prosecution- you are presumed innocent. For text effective January 1, , see below. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: If a weapon is considered one of an inherently dangerous nature, the weapon does not have to be used in a dangerous fashion. We serve the following localities: The provisions of section 87 of chapter relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this section.
In order for a defendant to be found guilty of this crime, the prosecution must be able to proffer evidence as to three elements: The Commonwealth of Massachusetts takes felony crimes very seriously; in order to have your rights and freedoms protected you should retain the services of a relentless Massachusetts felony crimes defense lawyer immediately.
If convicted of either intentional or reckless assault and battery by means of a dangerous weapon, the penalties associated are severe and include the following: Maximum sentence in the state prison: Assault and Battery By Means of a Dangerous Weapon on a Person 60 Years of Older If the victim of assault and battery by means of a dangerous weapon is 60 years or older, the offender is subject to the following penalties: Any second or subsequent offense will result in mandatory minimum imprisonment for 2 years.
Assault and Battery By Means of a Dangerous Weapon Causing Serious Bodily Injury If the assault and battery by means of a dangerous weapon caused serious bodily injury the offender shall be punished by: Imprisonment in the state prison for not more than 15 years, or In the house of correction for not more than 2. As defined by the statute, any bodily injury which results in permanent disfigurement, loss of impairment of a bodily function, limb, or organ, or a substantial risk of death shall constitute serious bodily injury.
Assault and Battery By Means of a Dangerous Weapon on a Pregnant Woman In the event the offender knew or had reason to know the victim was pregnant at the time of the assault and battery, the offender shall be subject to the following punishments: Assault and Battery By Means of a Dangerous Weapon On a Person Protected by a Protective Order If the individual who commits an assault and battery by means of a dangerous weapon upon another who has an existing temporary or permanent vacate, restraining or no contract order against the offender at the time of the assault and battery, they are punishable by: Assault and Battery By Means of a Dangerous Weapon On a Child Under the Age of 14 If the offender is 17 years of age or older and commits an assault and battery by means of a dangerous weapon on a child under the age of 14 years old , they too shall be punished by: For the purposes of the crime, a dangerous weapon is defined as any instrument or instrumentality so constructed or so used as to be likely to produce death or great bodily harm Commonwealth v.
Dangerous weapons can be either those that are inherently dangerous such as an item capable of causing serious injury or death, or an otherwise innocent item which becomes dangerous due to the manner in which it is used.
If a weapon is considered one of an inherently dangerous nature, the weapon does not have to be used in a dangerous fashion.