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Assault and Battery With a Dangerous Weapon

Massachusetts General Laws Chapter 265 Section 15A.

To convict someone of this crime the district attorney must prove:

  1. The defendant touched someone else, however slightly and did so without an excuse or the right to do so;
  2. The touching was intentional, not by accident or with negligence;
  3. The touching was done with a dangerous weapon.

Intent to cause an injury does not matter, just intent to commit the act. Any touching is sufficient, if done with a dangerous weapon. Just about anything qualifies as a dangerous weapon if the district attorney can prove that the instrument was used as a weapon. Pencils or pens, hockey sticks, shoes, nearly anything can be a dangerous weapon.

Certain weapons are always considered dangerous. Inherently dangerous weapons do not need to be used in a dangerous fashion, including firearms.

 

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