Aggravated Assault Defense in Attleboro

How Massachusetts Defines Weapon-Related Assault Offenses

Massachusetts charges assault and battery with a dangerous weapon under M.G.L. c. 265, § 15A. Sometimes called ABDW or aggravated assault and battery, the offense requires an actual touching involving an alleged dangerous weapon.

A separate statute, M.G.L. c. 265, § 15B, governs assault by means of a dangerous weapon. This offense doesn’t require physical contact. The prosecution may instead allege an attempted or threatened use of force involving a dangerous weapon.

The alleged weapon needn’t be a knife or firearm. Depending on how an object was allegedly used and the circumstances of the encounter, the accusation may involve a shod foot, thrown bottle, or vehicle. Whether an object legally qualifies as a dangerous weapon therefore depends on the specific evidence.

Potential Penalties for Assault & Battery with a Dangerous Weapon

Section 15A(b) permits a sentence of up to 10 years in state prison, up to two and a half years in a house of correction, a fine of up to $5,000, or both imprisonment and a fine. The possible sentence in an individual case depends on the charge, prosecution, court jurisdiction, and other case-specific factors.

Section 15A(c) treats the offense as aggravated when allegations involve:

• Serious bodily injury.
• A person known or reasonably known to be pregnant.
• A person protected by a known outstanding vacate, restraining, or no-contact order.
• An adult defendant and a child under 14.

For purposes of the statute, serious bodily injury means an injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death. This aggravated form may carry up to 15 years in state prison, up to two and a half years in a house of correction, a fine of up to $10,000, or both.

Section 15A(a) provides a mandatory minimum sentence of two years for a second or subsequent offense against a person age 60 or older. The charging history and statutory requirements must be evaluated before determining whether that provision applies.

How Attleboro Court Jurisdiction Affects a Case

Attleboro District Court hears criminal matters arising in Attleboro and designated nearby Massachusetts communities. The regional district attorney’s office prosecutes criminal cases in that court.

On a single charge, a District Court judge may impose up to two and a half years in a house of correction but can’t impose a state-prison sentence. Felony-level exposure beyond that limit requires a grand jury indictment and proceedings in the Massachusetts Superior Court with jurisdiction over the area. Whether a particular case proceeds by indictment depends on the charging decision and case circumstances.