Massachusetts G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon
If your charging documents reference G.L. c. 265, § 15A, you are facing assault and battery with a dangerous weapon charges — a felony in Massachusetts. This charge is sometimes abbreviated as "ABDW" and carries potential state prison time.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being accused of assault, especially with a weapon, is frightening and can feel overwhelming. We understand that these situations are often far more complicated than they appear in police reports. For more than 30 years, we have helped people facing assault charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 15A Prohibit?
Massachusetts G.L. c. 265, § 15A makes it a crime to commit an assault and battery upon another person by means of a dangerous weapon. The statute applies to any touching, however slight, done without legal right or excuse using something that qualifies as a dangerous weapon. Consent is not a defense.
A "dangerous weapon" under Massachusetts law includes two categories: items designed to cause serious injury or death, such as a firearm or certain knives listed by statute, and ordinary items that become dangerous because of how they are used, such as a brick thrust against someone's head, a pillow used to suffocate, or a shod foot used to kick.
For the intentional form of the charge, the prosecution does not need to prove that you injured anyone or intended to cause injury, only that you intentionally touched the person with a dangerous weapon. ABDW can also be charged as a reckless offense, and that form requires proof that a dangerous weapon actually caused bodily injury.
Common situations that lead to ABDW charges include physical altercations where everyday objects are used as weapons, domestic disputes where items are thrown, and fights where a shod foot is used to kick someone.
A "dangerous weapon" under Massachusetts law includes two categories: items designed to cause serious injury or death, such as a firearm or certain knives listed by statute, and ordinary items that become dangerous because of how they are used, such as a brick thrust against someone's head, a pillow used to suffocate, or a shod foot used to kick.
For the intentional form of the charge, the prosecution does not need to prove that you injured anyone or intended to cause injury, only that you intentionally touched the person with a dangerous weapon. ABDW can also be charged as a reckless offense, and that form requires proof that a dangerous weapon actually caused bodily injury.
Common situations that lead to ABDW charges include physical altercations where everyday objects are used as weapons, domestic disputes where items are thrown, and fights where a shod foot is used to kick someone.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Touching Without Right or Excuse — You touched the person. Any physical contact, however slight, is enough.
Intentional Act — The touching was intentional, not accidental or negligent. The prosecution must prove you consciously and deliberately made contact.
By Means of a Dangerous Weapon — The touching was accomplished by means of a dangerous weapon — either an inherently dangerous weapon or an item used in a dangerous manner.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense. The District Court's model jury instruction for this charge is Instruction 6.300.
Touching Without Right or Excuse — You touched the person. Any physical contact, however slight, is enough.
Intentional Act — The touching was intentional, not accidental or negligent. The prosecution must prove you consciously and deliberately made contact.
By Means of a Dangerous Weapon — The touching was accomplished by means of a dangerous weapon — either an inherently dangerous weapon or an item used in a dangerous manner.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense. The District Court's model jury instruction for this charge is Instruction 6.300.
Penalties Under Massachusetts Law
Assault and battery with a dangerous weapon is a felony.
Standard ABDW (Felony)
● Up to 10 years in state prison, OR
● Up to 2.5 years in house of correction, OR
● Fine up to $5,000
● Both fine and imprisonment possible
● Up to 2.5 years in house of correction, OR
● Fine up to $5,000
● Both fine and imprisonment possible
Aggravated ABDW (Enhanced Penalties)
● Up to 15 years in state prison or up to 2½ years in a house of correction
● A fine of up to $10,000, alone or with imprisonment
● Applies when the touching causes serious bodily injury; when you knew or had reason to know the person was pregnant; when you knew the person had a restraining or no-contact order against you; or when you are 18 or older and the person is under 14
● A fine of up to $10,000, alone or with imprisonment
● Applies when the touching causes serious bodily injury; when you knew or had reason to know the person was pregnant; when you knew the person had a restraining or no-contact order against you; or when you are 18 or older and the person is under 14
Person 60 or Older
● Up to 10 years in state prison, up to 2½ years in jail, or a fine of up to $1,000. A second or later offense carries a mandatory minimum sentence of two years.
Related Criminal Charges
● G.L. c. 265, § 13A: Simple Assault and Battery — Lesser included offense without dangerous weapon element
● G.L. c. 265, § 15B: Assault with a Dangerous Weapon — Assault (threat) without actual battery
● G.L. c. 265, § 13M: Domestic Assault and Battery
● G.L. c. 265, § 15D: Strangulation
● G.L. c. 265, § 15: Assault with Intent to Murder or Maim
● G.L. c. 265, § 15B: Assault with a Dangerous Weapon — Assault (threat) without actual battery
● G.L. c. 265, § 13M: Domestic Assault and Battery
● G.L. c. 265, § 15D: Strangulation
● G.L. c. 265, § 15: Assault with Intent to Murder or Maim
Defending Against Assault and Battery with a Dangerous Weapon Charges
ABDW charges often present strong defense opportunities.
A key defense involves challenging whether the item was actually a "dangerous weapon." Not everything used in a fight qualifies as a dangerous weapon under Massachusetts law. The circumstances of how the item was used matter significantly.
We also examine whether the touching was truly intentional, whether there are identification issues, and whether the prosecution can prove its case beyond a reasonable doubt. Many ABDW cases arise from chaotic situations where witness accounts differ significantly.
For first-time offenders without serious injury, diversion programs or favorable plea resolutions may be available.
A key defense involves challenging whether the item was actually a "dangerous weapon." Not everything used in a fight qualifies as a dangerous weapon under Massachusetts law. The circumstances of how the item was used matter significantly.
We also examine whether the touching was truly intentional, whether there are identification issues, and whether the prosecution can prove its case beyond a reasonable doubt. Many ABDW cases arise from chaotic situations where witness accounts differ significantly.
For first-time offenders without serious injury, diversion programs or favorable plea resolutions may be available.
Common Questions About ABDW Charges
Is consent a defense to assault and battery with a dangerous weapon?
No. Under Massachusetts law, consent is not a defense to ABDW.
What counts as a dangerous weapon?
Anything designed to cause serious injury or death, and any ordinary item used in a way that reasonably appears capable of causing serious injury or death. A body part, such as a fist or teeth, does not count, but a shoe used to kick can.
Can I be charged if I did not mean to hit anyone?
Possibly. Besides the intentional form, ABDW can be charged as reckless conduct: actions you knew or should have known were very likely to cause substantial harm. That form requires proof that a dangerous weapon actually caused a bodily injury.
What To Do Right Now
If you have been charged under G.L. c. 265, § 15A, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
ABDW charges are serious felonies that can result in state prison time and a permanent criminal record. Experienced legal representation is essential.
For more than 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For more than 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
