Assault & Battery with a Dangerous Weapon

Assault & Battery with a Dangerous Weapon in Quincy

Calm, Thorough Defense for Massachusetts ABDW Charges

An accusation of assault and battery with a dangerous weapon can lead to felony prosecution, restrictive bail conditions, and significant prison exposure. Davis Law Group defends people who are under investigation, have been arrested, or face formal charges in Quincy and Weymouth.

Founded in 2018, our firm brings more than 90 years of combined courtroom experience to criminal cases. Senior attorneys set the legal strategy, while other attorneys address the technical details that can affect how the charge is evaluated and defended.

Call (617) 752-6216 to discuss an ABDW investigation, arrest, or charge with our criminal defense attorneys.

How ABDW Differs from ADW & Simple Assault & Battery

Massachusetts distinguishes among several offenses that sound similar. Assault and battery with a dangerous weapon, commonly called ABDW, is governed by Massachusetts General Laws Chapter 265, Section 15A. It requires an actual touching accomplished by means of a dangerous weapon.

Assault with a dangerous weapon, commonly called ADW, falls under Chapter 265, Section 15B. Physical contact isn’t required. The allegation instead involves an attempted battery or an immediate threat of battery involving a dangerous weapon.

Simple assault and battery can be a lesser included offense of ABDW. A jury could find that a battery occurred but conclude that the Commonwealth didn’t prove the dangerous-weapon element beyond a reasonable doubt.

Individualized ABDW Defense in Quincy

We begin by listening carefully and examining the circumstances behind the accusation. Our strategy accounts for the client’s goals, family dynamics, and financial realities rather than treating the charge in isolation. We provide honest guidance and don’t recommend a course of action merely to take a case.

Thorough preparation comes before negotiations, motion practice, or trial. We review the alleged contact, the object involved, witness accounts, identification evidence, and the circumstances surrounding the encounter so that no critical detail is overlooked.

Get Clear Guidance After an ABDW Arrest

Contact our firm by phone or through the contact form to discuss the accusation and what comes next in the criminal process. We return calls quickly and respond outside traditional business hours when a situation is urgent or especially stressful.

Call (617) 752-6216 to speak with our team about defending an assault and battery with a dangerous weapon charge.

What the Commonwealth Must Prove for ABDW

To obtain an ABDW conviction, the Commonwealth generally must prove:

An unexcused touching
That the touching was intentional rather than accidental or negligent
That the touching was committed with a dangerous weapon

Prosecutors don’t have to prove that the accused intended to injure the other person.

Some objects, including firearms and knives, are dangerous weapons because they’re designed to cause serious injury or death. An ordinary object may also qualify based on how it was used. One recognized example is a shod foot, meaning a foot wearing a shoe, used to kick someone in a manner reasonably capable of causing serious injury. A fist by itself isn’t a dangerous weapon for an ABDW charge.

Potential Penalties for ABDW

A standard conviction under Massachusetts General Laws Chapter 265, Section 15A can carry up to 10 years in state prison or up to two and one-half years in a house of correction. The court may also impose a fine of up to $5,000, either with or without imprisonment.

Enhanced allegations may apply when the case involves serious bodily injury, knowledge that the alleged victim was pregnant, a known restraining or no-contact order, or an adult defendant and an alleged victim under age 14. The statute defines serious bodily injury as an injury causing permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death.

Aggravated ABDW can carry a maximum sentence of 15 years in state prison and a fine of up to $10,000. The actual exposure depends on the charged subsection, the evidence, applicable sentencing rules, and the court’s findings.

ABDW Cases in Quincy District Court

Quincy District Court hears criminal cases arising in Quincy, Weymouth, and other nearby communities. Early proceedings may address arraignment, bail conditions, and whether the defendant can remain released while the case is pending.

ABDW is a qualifying felony for a dangerousness hearing under Massachusetts General Laws Chapter 276, Section 58A. At this hearing, the court considers whether release conditions can reasonably protect the public or a specific person. When an accusation involves domestic abuse, the six-hour bail rule in Chapter 276, Section 42A may delay release following an arrest.

Defense Issues in an ABDW Case

The available defense depends on the alleged contact, the object, the witnesses, and the events leading up to the encounter. We evaluate whether self-defense, mutual combat, wrongful identification, or accidental conduct affects the Commonwealth’s ability to prove each required element.

Lack of intent to harm doesn’t automatically defeat an ABDW charge because prosecutors don’t need to prove an intent to injure. It may still matter when determining whether the touching itself was intentional or accidental. Consent isn’t a defense to ABDW under state law, so the analysis must focus on other factual and legal issues.

We prepare to challenge unsupported allegations while assessing realistic paths toward resolution. Depending on the circumstances, that may include negotiations over charge reductions or dismissals, a legally available diversion program, a plea agreement, a sentencing alternative, or preparation for trial.

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I have used the services of Davis Law Group a number of times during the past 20 years and found them to be an extremely professional and caring law firm. Specifically I have used them for real estate transactions and for estate planning, wills, and healthcare proxies, with Jay Davis and Maryanne McGonagle as my primary attorneys. Whereas some law firms use boiler plates and treat clients as transactions, Jay and the firm have cared about my specific needs as a client and customized to those needs. I highly recommend this firm.

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Quincy, MA 02169
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