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 nearly 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 permission using something that qualifies as a dangerous weapon.
A "dangerous weapon" under Massachusetts law includes two categories: inherently dangerous weapons (like firearms, knives, brass knuckles) and items that become dangerous because of how they are used (like a pencil aimed at someone's eye, a shod foot used to kick someone, or a thrown object).
The prosecution does not need to prove that you actually injured the victim or even intended to cause injury — only that you intentionally touched them with a dangerous weapon without excuse or right.
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 victim. Any slight touching is sufficient — even brushing against someone with the weapon can satisfy this element.
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.
Touching Without Right or Excuse — You touched the victim. Any slight touching is sufficient — even brushing against someone with the weapon can satisfy this element.
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.
Penalties Under Massachusetts Law
Assault and battery with a dangerous weapon is a felony that can be prosecuted in either District Court or Superior Court.
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
● Fine up to $10,000
● Applies when serious bodily injury results, victim is pregnant, or victim has protective order against defendant
● Fine up to $10,000
● Applies when serious bodily injury results, victim is pregnant, or victim has protective order against defendant
Collateral Consequences
● Felony criminal record affecting employment
● Potential loss of right to possess firearms
● Immigration consequences for non-citizens
● Professional license implications
● Restraining order implications
● Difficulty obtaining housing
● Impact on child custody determinations
● Potential loss of right to possess firearms
● Immigration consequences for non-citizens
● Professional license implications
● Restraining order implications
● Difficulty obtaining housing
● Impact on child custody determinations
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 — If victim is family/household member
● G.L. c. 265, § 15D: Strangulation — Often charged alongside ABDW in domestic situations
● G.L. c. 265, § 15: Assault with Intent to Murder or Maim — More serious charge requiring specific intent
● G.L. c. 265, § 15B: Assault with a Dangerous Weapon — Assault (threat) without actual battery
● G.L. c. 265, § 13M: Domestic Assault and Battery — If victim is family/household member
● G.L. c. 265, § 15D: Strangulation — Often charged alongside ABDW in domestic situations
● G.L. c. 265, § 15: Assault with Intent to Murder or Maim — More serious charge requiring specific intent
Defending Against Assault and Battery with a Dangerous Weapon Charges
ABDW charges often present strong defense opportunities. Self-defense is a common defense — if you reasonably believed you were in danger and used reasonable force to protect yourself, you may have a complete defense to these charges.
Another 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.
Another 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.
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 nearly 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For nearly 30 years, we have defended assault charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
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.
