Assault and Battery with a Dangerous Weapon (‘ABDW’) (Mass. Gen. Laws ch. 265, §15A)

Similar to assault and battery. The added element is that a person must “touch” another with an item or object used in a dangerous fashion, or that is in itself a “dangerous weapon,” like a knife or a gun. An item “that is normally used for innocent purposes can become a dangerous weapon if it is intentionally used as a weapon in a dangerous or potentially dangerous fashion.” Commonwealth v. Moore, 36 Mass. App. Ct. 455, 458 (1994). For example, a “shod foot” can be a dangerous weapon if an accused person kicks somebody with a shoe or boot. A lit cigarette can be a dangerous weapon.

“ABDW” is a felony which carries up to 10 years in state prison and $5,000 fine.

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