Assault With A Deadly Weapon Charges
Anything Can Be A Weapon
Anything used to cause harm can be considered a weapon, from a gun to a shod foot. Individuals have been charged with assault and battery with a dangerous weapon for hitting or injuring someone with objects such as a:
- Fork (and other kitchen utensils)
- Closed fist or any other body part
Furthermore, the consequences do not depend on the dangerousness of the weapon, but on the severity of the injury. No matter what the weapon is, whether it is a dangerous knife or simply your foot, you will face the same consequences. Prosecutors often arbitrarily make the decision to charge an assault and battery as a more serious assault and battery with a dangerous/deadly weapon crime. Our first step will be to attempt to reduce your felony aggravated assault charges to simple assault/misdemeanor assault charges. Then, we will work to have your case dismissed or sentence reduced.
What If The Other Party Wants To Drop Charges?
If the police are called for a domestic assault or other assault and battery, chances are they will arrest someone. After the arrest, the alleged victim will not be able to drop the charges. No one will be able to help you avoid your charges but an experienced criminal defense attorney who understands Massachusetts’s assault and battery laws. Attorney Casale will do everything he legally can to protect you against the charges.
Penalties For Assault And Battery With A Deadly Weapon
Assault and battery with a dangerous weapon is a felony charge with much greater consequences than simple assault and battery. In Massachusetts, someone convicted of assault and battery with a dangerous weapon can face up to 10 years in prison and $5,000 in fines. The penalties are more severe (up to 15 years in prison and $10,000) when:
- The assault and battery caused serious bodily injury, such as permanent disfigurement, impairment of bodily function, loss of limb or substantial risk of death
- The assault and battery was against a pregnant person
- The assault and battery was against a minor
- The assault and battery also violated a restraining order