Assault With a Dangerous Weapon
Assault with a Dangerous Weapon
Assault with a Dangerous Weapon, or ADW, is a serious felony offense in Massachusetts. It is similar to the misdemeanor offense of assault and battery with the added element that a weapon, of any kind, was used. There are also increased punishments the victim is age 60 or older.
M.G.L. ch. 265, § 15B is the statute that provides for Assault with a Dangerous Weapon. (Section 15A deals with battery with a Dangerous Weapon and is a separate crime).
The Difference between 'Assault' and 'Battery'
ADW is strictly an assault crime, and does not include battery (see Assault & Battery with a Dangerous Weapon). This means that you do not need to even touch the victim for there to be an assault. You only need to threaten the victim with a dangerous weapon to have committed an ADW.
What Counts as a 'Dangerous Weapon'?
Under the statute a "dangerous weapon" is quite broad. Almost any item can be used to commit an ADW. A dangerous weapon naturally includes things like knives and guns, but will also include cars, clubs and rocks. We have had cases were the alleged dangerous weapon was a cell phone or even a clip board. Bottom line, if you can hit someone with it, it can be considered a dangerous weapon.
Punishment
Assault with a Dangerous Weapon is a felony offense with the possibility of state prison time. ADW has a maximum penalty of 5 years in state prison, and/or a $1,000 fine.
Aggravating factors
If you are convicted of a subsequent offense of Assault with a Dangerous Weapon on an elderly person (age 60+) there is a minimum mandatory jail sentence of 2 years, with a maximum of 5 years.
How We can Help
A charge of ADW is very serious and prosecutors take these cases very serious. Judges are more likely to give harsh sentences, even for first time offenders. There are numerous defenses available, including challenging identification, self-defense, and challenging witness accounts of events. The attorneys at Equitas Law are experts in handling serious violent crimes and can help you through your case. Contact us immediately for a free consultation if you are facing an Assault with a Dangerous Weapon charge.
Criminal Defense FAQ
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
NO, you shouldn't! At least not without a lawyer after careful consideration.
Think about it. The police have a job, which is to solve crimes and bring criminal charges. The only reason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.
They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.
Seriously, don't speak to the police without consulting a criminal defense lawyer first. It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.
We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.
Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.
No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:
- Pre-Trial Probation or Pre-Trial Diversion
- An outright Dismissal of your charges upon payment of court costs
- A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
- A period of straight probation without a jail or state prison sentence
- A suspended sentence, where a sentence is imposed, but not served unless probation is violated
- A lesser sentence to jail or prison and less severe conditions upon release
This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!
In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.
Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.
The decision on what to do really depends on the facts of the case and your individual goals.
This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.
Related Content:
Strategy and Potential Issues in Massachusetts Criminal Cases
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.
Their job is to gather evidence of crimes and there is no better evidence than your statement.
It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.
The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.
A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.
All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.
Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:
Where you can find us
1583 Beacon Street • Brookline • MA 02446
Contact us anytime, 24/7. If we're up, we're responding!