Defending Assault With A Deadly Weapon
Assault with a deadly weapon occurs when any individual assaults another individual with the intent to cause serious harm and/or bodily injury. Arrests and charges of assault with a deadly weapon occurs when the victim experiences substantial physical injury to their person and/or belongings. There are various levels of assault with a deadly weapon charges in Massachusetts, often referred to as an “ABDW,” and are typically classified as “aggravated assault with a deadly weapon.”
Penalties for assault with a deadly weapon can include anywhere from 2 to 25 years in state prison and fines up $10,000. The penalties for assault with a deadly weapon are determined on a number of factors including the extent of bodily injury sustained, the status of the victim, and the weapons used to commit the assault.
Assault with a Deadly Weapon: Anything Can Be A Weapon
It’s important to remember that anything can be 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 a variety of objects. Examples of deadly weapons may include:
- Fork (and other kitchen utensils)
- Closed fist or any other body part
Remember, the severity of charges and potential defenses can depend on numerous factors, including local laws, the circumstances of the incident, the intent, and whether you have any past convictions. Our law firm is prepared to take on your case regardless of the scope or nature of the charges against you. Don’t settle for just any attorney. Work with a criminal defense lawyer at Gregory Casale Attorney At Law.
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 Gregory Casale will do everything he legally can to protect you against the charges.
Defending Assault with a Deadly Weapon Charges in Worcester, MA
Prosecutors often arbitrarily make the decision to charge an assault and battery case (AB) as the more serious assault and battery with a dangerous weapon (ABDW) crime. When you’ve been charged with assault and battery at this degree, you need a skilled criminal defense attorney to help you navigate the legal system.
At our experienced law firm near Worcester, MA, our first step will be to gather all of the information about your case. Once we’ve reviewed your case information, we will 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.
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. According to Chapter 265, Section 15A of the Massachusetts General Laws, the penalties can vary depending on the case’s specific circumstances.
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
If there is a severe bodily injury, for example, consequences may include up to 15 years in prison and up to a $10,000 fine.
Interpretations and enforcement of Massachusetts law can change based on the facts of your case. Keep in mind that an assault with a deadly weapon conviction becomes part of your permanent criminal record. This means it does not automatically disappear or “fall off” your record after a certain number of years.
Regardless of your situation, an assault with a deadly weapon is a serious charge that results in stiff penalties. Let our law firm protect your rights and give you the proper legal representation you deserve.
We Provide Full Legal Services and Representation Throughout Your Case
One of our clients’ most common questions is, “How can you help me with my case?” We offer complete legal service from the time of your arrest until the verdict. Here’s how we help.
Full Case Management
When you partner with Gregory Casale Attorney at Law, you have access to a full legal team that manages every aspect of your case. We handle all the paperwork, communicate with all parties on your behalf, and develop a legal strategy that helps you win your case.
A Thorough Investigation
We use our resources and extensive network of legal experts to get to the bottom of the case. We investigate evidence such as relevant documents, eyewitnesses, video footage, arrest records, and clues from the crime scene. If necessary, we hire expert witnesses who can corroborate your story.
Legal Representation in Court
Victims and defendants often lose their cases simply because they said something that a lawyer uses against them in court. Our law firm communicates with all relevant parties and advocates for you on your behalf. You don’t have to deal with the pressure of defending yourself.
We Fight for Your Rights
Our goal is not just to win your case. Instead, we aim to get you the BEST outcome possible. We fight to protect your rights under Massachusetts law. Our legal team develops a strategy that gives you a strong foothold as we argue your case.
Discuss Your Assault and Battery (AB/ABDW) Charges During A Free Phone Consultation
Criminal law is complicated and requires more than just common defenses. This becomes even more important when facing assault with a deadly weapon charges, which is why our dedicated team of experienced criminal defense attorneys are here to help you navigate every legal precedent that may arise.
Contact us for a free initial phone consultation with criminal defense attorney Gregory Casale. Many people arrested and charged with assault and battery with a deadly weapon do nothing to protect themselves. This is a very serious criminal offense. Do not simply accept the consequences. Email us or call us at 508.752.7500.
Frequently Asked Questions About Assault With a Deadly Weapon Cases in Massachusetts
A dangerous weapon can be anything that is capable of causing serious harm or death. This includes not only obvious weapons like guns or knives but also things like cars, bottles, or other objects if used with the intent to harm.
Serious bodily injury is defined as injury that results in permanent disfigurement, loss or impairment of a bodily function or organ, or a substantial risk of death.
Massachusetts law allows you to use reasonable force to defend yourself if you believe you’re in immediate danger of physical harm. However, what constitutes “reasonable” force depends on the case’s specific circumstances.
ABDW is typically considered a felony in Massachusetts due to the potential for imprisonment in state prison.
Typically, the process involves an arrest, arraignment, bail hearing, pre-trial discovery, pre-trial motions, trial, verdict, and then sentencing if convicted. The specifics can vary depending on the details of the case.
They must typically prove beyond a reasonable doubt that you committed an assault and battery, that you did so with a dangerous weapon, and that you did not do so in self-defense or with the victim’s consent.
Given the serious nature of an ABDW charge, it is strongly recommended that you seek the assistance of a qualified attorney. They can help you understand the charges, the potential penalties, and the legal options available to you.