Criminal Defense Without Compromise
Aggravated Assault and Battery With a Dangerous Weapon Defense
In addition to the crime of assault and battery with a dangerous weapon (ABDW), there are various enhanced versions of this crime. The enhanced versions carry increased penalties, a greater risk of indictment into the Superior Court, and certainly more concerns with bail or conditions of release during your initial first appearance in court.
Aggravated ABDW
There are also three different versions of what are commonly referred to as aggravated assault and battery with a dangerous weapon. These involve allegations that serious bodily injury occurred, the person was the plaintiff in a restraining or abuse prevention order, or the victim was pregnant. All of the charges carry with them the possible punishment of fifteen years in prison and a $10,000 fine.
- Serious Bodily Injury
- Person Protected by Restraining Order
- ABDW on a Pregnant Person
If the victim in your case is significantly injured (this could be either intentional or reckless assault and battery with a dangerous weapon) then the penalty for this offense is increased. Serious bodily injury is defined as “injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.”
If the person you are accused of striking has an active restraining order or no abuse order (also called an abuse prevention order) against you, then the penalty for this offense is increased as with the other forms of aggravated assault and battery with a dangerous weapon.
Aggravated assault and battery with a dangerous weapon on a pregnant person is also treated more severely than simple ABDW. It is not just that the person is in fact pregnant, but rather that the person is known to you to be pregnant. That can be because it is your child, the person told you that they were pregnant, another person told you that they were pregnant, the victim is visibly pregnant, or some other way that the prosecutor can show that you were aware that the person was pregnant.
Age Enhancements
Assault and battery with a dangerous weapon on a child under 14 is punished more severely than just simple ABDW. It, like the other aggravated ABDW crimes, carries a 15 year state prison sentence and a possible $10,000 fine.
Assault and battery with a dangerous weapon on a person over 60 is also a separate crime. Although it carries the same penalty as ABDW, it is treated more severely by judges and prosecutors. Any person with a second offense for this charge faces a mandatory sentence of two years in prison.
What to Do?
What should you do if you are charged with assault and battery with a dangerous weapon or aggravated assault and battery with a dangerous weapon? Finding attorneys who are prepared, willing, and capable of providing you with a vigorous defense is extremely important for deciding your next steps. This crime has significant and potentially catastrophic consequences. A successful defense plan does not start the day before the trial, but rather starts as soon as you are first aware that the charges exist. Whether that is at the police station or just leaving the courthouse, you want to speak to an experienced assault and battery with a dangerous weapon criminal defense attorney.
Give us a call or email us today to talk about the case. Attorneys Erkan and Sullivan have extensive experience dealing with this and other serious charges. Find out why we are highly recommended by clients and lawyers alike by talking with us today. We handle exclusively criminal defense cases in our firm, and are happy to talk to you about how we can help if you or a loved one is charged with assault and battery with a dangerous weapon or Aggravated ABDW.