What is assault with a dangerous weapon in Massachusetts?

Under M.G.L. c. 265 §15B, assault with a dangerous weapon (ADW) is either: (1) an assault — intentionally placing another person in reasonable apprehension of imminent bodily harm — committed by means of a dangerous weapon; or (2) a battery — an intentional, unconsented touching — committed with a dangerous weapon. The dangerous weapon element is what elevates this from a simple assault and battery misdemeanor to a felony.

What counts as a 'dangerous weapon' under Massachusetts law?

Massachusetts law recognizes two categories: (1) objects that are dangerous per se — firearms, knives, clubs — regardless of how they are used; and (2) objects that are dangerous as used — everyday items like a bottle, a baseball bat, a car, a belt, a piece of lumber, or even shod feet that become dangerous weapons when used to cause or threaten serious bodily harm. The prosecution must prove that the object was capable of causing death or serious bodily injury as it was actually used. An object that was brandished but not capable of causing serious harm may not meet the standard.

What are the penalties for assault with a dangerous weapon in Massachusetts?

ADW under c. 265 §15B is a felony carrying up to 5 years state prison or up to 2.5 years in the House of Correction. It is distinct from assault and battery with a firearm (c. 265 §15E), which carries separate penalties. Because ADW is a felony, it proceeds through the Superior Court when indicted — though District Court retains concurrent jurisdiction for the lower end of the charge. A felony conviction has consequences beyond the sentence: loss of civil rights, firearms license revocation, and significant immigration consequences for non-citizens.

Is self-defense a valid defense to an ADW charge in Massachusetts?

Yes. Self-defense is the most commonly raised defense to ADW charges. Massachusetts law permits a person to use force — including a weapon — when they reasonably believe they or another person are in imminent danger of serious bodily harm or death, provided the force used is proportionate to the threat. The prosecution bears the burden of disproving self-defense beyond a reasonable doubt once it is raised. Evidence of who was the aggressor, whether retreat was possible, and the relative physical circumstances of both parties all bear on the self-defense analysis.

Can an ADW charge be reduced to a lesser offense?

Yes. ADW charges are frequently reduced through negotiation to simple assault and battery (a misdemeanor) where: the weapon element is contestable — the object used may not qualify as a dangerous weapon as a matter of law; the evidence of who was the aggressor is disputed; self-defense is a viable argument; the defendant has no prior record; or the victim's account is inconsistent or reluctant. A charge reduction from felony ADW to misdemeanor A&B has significant consequences for sentencing, record, and immigration status.

How does an ADW charge affect a firearms license in Massachusetts?

A conviction for assault with a dangerous weapon is a disqualifying offense for a Massachusetts LTC or FID under M.G.L. c. 140 §131. A conviction — even a CWOF in some circumstances — can result in mandatory revocation of an existing license and a lifetime bar on future licensing. For firearms license holders, avoiding a conviction or guilty finding is not just about the criminal record; it is about permanent loss of the right to possess firearms in Massachusetts.

Criminal Defense

Assault with a Dangerous Weapon Defense in Massachusetts

Assault with a dangerous weapon under M.G.L. c. 265 §15B is a felony that carries up to 5 years in state prison. What many people don't realize is how broadly Massachusetts defines "dangerous weapon" — everyday objects used in a threatening or injurious way can qualify. Self-defense, the weapon element, and who was actually the aggressor are the three questions that drive this defense.

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Attorney Adela Aprodu — Massachusetts ADW Defense

An ADW Charge Is a Felony — But the Weapon Element Is Far More Contestable Than the Charge Implies

Assault with a dangerous weapon sounds unambiguous. In practice, the charge is filed in a wide range of situations — from bar fights where someone grabbed a bottle to road rage incidents involving a car to domestic disputes where a household object was nearby. The DA charges ADW instead of simple A&B because the "dangerous weapon" element elevates it to a felony and adds significant leverage in negotiations.

I'm Attorney Adela Aprodu. The two things I examine first in every ADW case are: Does the object actually qualify as a dangerous weapon as it was used? And was this self-defense? Self-defense is the most frequently raised defense to ADW charges — and unlike many defenses, once you raise it, the prosecution bears the burden of disproving it beyond a reasonable doubt.

A felony ADW conviction carries consequences that follow you permanently: loss of firearms rights, immigration consequences for non-citizens, a criminal record that affects employment and professional licensing. A charge reduction to misdemeanor A&B changes all of that. Call me now so we can examine the evidence before the prosecution builds its case.

Self-defense analysis from day one Felony-to-misdemeanor reductions negotiated Free, confidential consultation

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What the Charge Requires — and What "Dangerous Weapon" Actually Means

Assault with a dangerous weapon under M.G.L. c. 265 §15B can be charged as either an assault (putting someone in reasonable fear of imminent harm) or a battery (an unconsented touching), both committed by means of a dangerous weapon. The felony element is the weapon — without it, the same conduct is misdemeanor simple A&B under c. 265 §13A.

Massachusetts law recognizes two categories of dangerous weapons:

Dangerous per se — objects that are inherently dangerous regardless of how they are used: firearms, knives, switchblades, brass knuckles, clubs. No additional proof of dangerousness is required when one of these items is present.
Dangerous as used — everyday objects that become dangerous weapons because of how they are used. A beer bottle used to strike someone's head. A car driven at a person. A baseball bat swung at someone's legs. A piece of lumber. Even shod feet when used to kick a person on the ground. The prosecution must prove the object was capable of causing death or serious bodily injury as actually used — that standard is contestable.

Penalties: ADW under §15B is a felony carrying up to 5 years state prison or up to 2.5 years in the House of Correction. It is distinct from assault and battery with a firearm (c. 265 §15E) and from aggravated A&B (c. 265 §13A). An indicted ADW proceeds through Superior Court; unindicted cases may remain in District Court.

          Defense Strategies in ADW Cases
          Self-defense — the most commonly raised defense. Massachusetts law permits use of force, including a dangerous weapon, when a person reasonably believes they or another person face imminent serious bodily harm, and the force used is proportionate to the threat. Once self-defense is raised, the burden shifts to the prosecution to disprove it beyond a reasonable doubt. Evidence of who was the aggressor, whether retreat was possible or required, and the physical disparity between the parties all bear on this analysis.
The weapon element — for objects in the "dangerous as used" category, the prosecution must prove the object was capable of causing death or serious bodily injury as actually employed. A thrown cup, a pushed shoulder, or a shove involving a nearby object may not meet this threshold. If the object does not legally qualify as a dangerous weapon, the charge must be reduced to simple A&B.
No assault element — for an assault charge (as opposed to battery), the prosecution must prove that the victim was placed in reasonable apprehension of imminent bodily harm. If the alleged victim did not see the object, was not aware of it at the time of the incident, or did not fear imminent harm, the assault element fails.
Defense of another — Massachusetts law also permits use of force to defend a third person in the same circumstances as self-defense. If the defendant intervened in a situation to protect a family member, friend, or bystander who was being attacked, that context is a defense.
Reduction to misdemeanor A&B — even where the underlying conduct is not fully defensible, negotiating a charge reduction from felony ADW to misdemeanor A&B is often the most important outcome. The difference between a felony conviction and a misdemeanor conviction is significant for employment, professional licensing, firearms rights, and immigration status.

        

Key Takeaways

ADW under c. 265 §15B is a felony carrying up to 5 years — the weapon element is what elevates the charge from misdemeanor A&B
Everyday objects — bottles, cars, bats, lumber — become "dangerous weapons" when used in a way capable of causing death or serious bodily injury; that standard is contestable
Self-defense is the most commonly raised defense; once raised, the prosecution must disprove it beyond a reasonable doubt
A felony ADW conviction permanently affects firearms rights, triggers immigration consequences for non-citizens, and appears on a CORI visible to employers and licensing boards
Negotiating a reduction to misdemeanor A&B often has more practical impact on a defendant's life than any other single outcome in the case

Frequently Asked Questions

Under M.G.L. c. 265 §15B, ADW is either an assault (placing someone in reasonable fear of imminent harm) or a battery (unconsented touching), committed by means of a dangerous weapon. The weapon element is what elevates the charge from misdemeanor simple A&B to a felony.

Two categories: (1) Dangerous per se — firearms, knives, clubs, regardless of use; and (2) Dangerous as used — everyday objects like bottles, cars, bats, or lumber that become dangerous weapons when used to cause or threaten serious bodily harm. For the second category, the prosecution must prove the object was capable of causing death or serious bodily injury as actually used — that standard is contestable.

Up to 5 years state prison or up to 2.5 years in the House of Correction. ADW is a felony distinct from A&B with a firearm (c. 265 §15E). An indicted ADW proceeds through Superior Court. A felony conviction has consequences beyond the sentence: loss of firearms rights, significant immigration consequences, and a CORI entry visible to employers and licensing boards.

Yes. Self-defense is the most commonly raised defense. Massachusetts law permits use of force — including a weapon — when a person reasonably believes they face imminent serious bodily harm, provided the force is proportionate. Once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt. Who was the aggressor, whether retreat was possible, and the physical circumstances of both parties all bear on this analysis.

Yes. ADW charges are frequently reduced to misdemeanor A&B through negotiation where the weapon element is contestable, self-defense is viable, the evidence of who was the aggressor is disputed, or the defendant has no prior record. A felony-to-misdemeanor reduction has significant consequences for sentencing, record, firearms rights, and immigration status.

A conviction for ADW is a disqualifying offense for an LTC or FID under M.G.L. c. 140 §131 — resulting in mandatory revocation and a bar on future licensing. For firearms license holders, avoiding a conviction or guilty finding protects both freedom and the permanent right to possess firearms in Massachusetts.

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An ADW charge is a felony that deserves an immediate, serious defense. Call Attorney Adela Aprodu for a free, confidential review of the evidence and your options before your first court date.

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