Submitted by Anonymous on Mon, 12/28/2009 - 11:03
A guy in our dorm was arrested and charged with assault with a dangerous weapon and battery after he got in a frat fight and threw a can of beer at another guy. Is that really assault with a dangerous weapon, and are the penalties serious?
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ABDW
Unfortunately it is a very serious crime. The maximum sentence is 5 years in prison or 2 1/2 years in jail and/or a fine of up to $1,000. A state prison sentence may only be imposed from Superior Court (the DA makes the determination whether or not to try someone in the Superior Court). Whether or not a can of beer is a dangerous weapon depends upon how it was used. The law considers any item to be a dangerous weapon if it is intentionally used in a way that it reasonably appears to be capable of causing serious injury or death to another person. For example, a lighted cigarette can be a dangerous weapon if it is used to burn someone; or a pencil, if it is aimed at someone’s eyes.
Kevin Gaughen Jr.
Gaughen, Gaughen, Lane & Hernando | Criminal Defense Lawyers
Editor's Response
Good summary by attorney Gaughen. People sometimes get caught up in the terminology and think this offense has to do with things that are "dangerous" in and of themselves, like a gun or knife. But think about it. If you whack someone on the head with a full can of beer (or any other hard object you can think of), you will do some damage. I hope the young man in question has talked to an attorney, because a conviction for this type of assault carries some fairly stiff penalties. For more information or to post a question, visit our Massachusetts Criminal Law Discussion Forum.