Assault Battery Statute With A Dangerous Weapon

State:
Multi-State
Control #:
US-CMP-10048
Format:
Word; 
Rich Text
166 downloads

Description

The Assault Battery Statute with a Dangerous Weapon form serves as a crucial legal document for individuals seeking to file a complaint involving allegations of aggravated assault or battery with a weapon. This form provides a structured format to outline the plaintiff's claims, detailing the facts surrounding the incident, including the date, location, and nature of the injury sustained. Key features include sections for identifying both the plaintiff and defendant, a narrative of the incident, and a declaration of damages incurred, both compensatory and punitive. Filling out this form requires users to insert essential information such as names, dates, and specific details about the injuries and circumstances leading to the legal action. For attorneys, partners, and other legal professionals, this form is useful in initiating legal proceedings against defendants who have allegedly committed serious offenses. Paralegals and legal assistants can aid in ensuring all sections are accurately completed, thereby strengthening the plaintiff's case. The simplicity of this form makes it accessible for users with varying levels of legal knowledge, ensuring that crucial legal matters are properly addressed.
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FAQ

Massachusetts Assault and Battery With a Dangerous Weapon In Massachusetts, under MGL c. 265 s. 15A, assault and battery with a dangerous weapon is a felony which carries up to 10 years in state prison and $5,000 fine. The term "dangerous weapon" is very broad.

First: That the defendant touched the person of [the alleged victim] ; Second: That the defendant intended to touch [the alleged victim] ; and Third: That the touching was done with a dangerous weapon.

Assault and Battery with a Dangerous Weapon is a felony in Massachusetts. Massachusetts General Law c 265 s 15a defines assault and battery with a dangerous weapon. The maximum penalty for this is ten years in state prison. Also, six years is the statute of limitations for this charge.

PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.

Massachusetts ABDW Causing Serious Bodily Injury A dangerous weapon can range from a knife, to a car, to a glass, to a foot with a shoe on it (a kick). Any object that may be used as a weapon to inflict serious harm can be considered a "dangerous weapon."

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Assault Battery Statute With A Dangerous Weapon