Assault and Battery with a Dangerous Weapon
This is a felony charge that arises when the assault is committed using an object capable of causing serious bodily harm. The category of “dangerous weapon” under Massachusetts law is broader than most people expect. Obviously, firearms and knives qualify. But courts have held that any object — a shoe, a belt, a beer bottle, even one’s own shod feet — can constitute a dangerous weapon if it is used in a way capable of causing serious injury.
Under Massachusetts General Laws Chapter 265, Section 15A, a conviction can carry a sentence of up to two and a half years in a house of correction or up to five years in state prison.
When aggravating factors are present — such as when the victim is a child under fourteen, a pregnant person, or a person with a disability — the offense escalates to aggravated assault and battery with a dangerous weapon, carrying a potential sentence of up to ten years in state prison. The same escalation applies where the offense causes serious bodily injury, which the statute defines as substantial loss or impairment of a bodily function, substantial disfigurement, or loss of organ function.
Strangulation
Strangulation — defined as the application of pressure to the throat or neck that interferes with breathing or blood circulation — is a distinct felony offense carrying a potential sentence of up to five years in state prison. It was elevated to its own charge following research establishing that strangulation is one of the most lethal forms of domestic violence assault and a strong predictor of future fatal violence. Prosecutors treat it accordingly.
Other Serious Violent Charges
Massachusetts law also recognizes several additional serious violent crimes with substantial consequences:
- Mayhem — involving permanently disfiguring or disabling another person — is a serious felony
- Armed robbery — taking property by force or threat of force while armed with a dangerous weapon — carries significant mandatory minimum sentences
- Home invasion — entering an occupied dwelling by force or threat of force with a weapon present — is among the most serious violent offenses on the books
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
