Anthony M. Salerno

Attorney At Law

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Anthony M. Salerno

Attorney At Law

Proving assault and battery with dangerous weapon charges

On Behalf of | Aug 13, 2021 | Assault & Battery

Massachusetts state laws do not require an offense to involve a gun or knife to qualify for an assault and battery with a dangerous weapon charge. Generally, any ordinary item may lead to an ABDW charge if a prosecutor alleges that a defendant used it with the intention of causing bodily harm.

A fire extinguisher, for example, normally serves a useful and protective purpose. As reported by Boston 25 News, however, police arrested a Massachusetts man for reportedly using a fire extinguisher to harm a nurse. The man’s actions resulted in assault and battery with dangerous weapon charges.

Video and eyewitnesses may show intent to cause injury

Law enforcement viewed surveillance video to file ABDW charges in the incident involving the nurse. Police claim the hospital’s video showed the man lifting the fire extinguisher over his shoulders and using it to strike the nurse twice on the back of her head.

An additional charge resulted from a second nurse observing the first incident. The charged individual allegedly chased the second nurse while carrying the fire extinguisher until hospital security restrained him.

Bottle thrower faces ABDW charges

In another incident reported by CBS News involving an AWBD offense, a 21-year-old Massachusetts man at a Boston Celtics game threw a plastic water bottle at a basketball player. Witnesses claim the bottle grazed the player’s head and officials charged the bottle thrower with ABDW. For the jury to convict, a prosecutor must show how the defendant intended to cause bodily harm by throwing the bottle.

When facing ABDW charges, a defendant may counter a prosecutor’s allegation by proving the object did not qualify as a dangerous weapon. To convict on an ABDW charge, the prosecution must convince a jury the defendant intended to use an object as a weapon capable of causing harm.