Many of you have commented on the story of the Northbridge middle school student who has been charged with assault and battery with a dangerous weapon as well as assault and battery against his teachers. In order to proceed on the assault and battery with a dangerous weapon charge, which is a felony, the Commonwealth must prove that the boy touched the person of another, with the intent to touch the person of another; and where the touching was done with a dangerous weapon.
In this case, the allegation is that the dangerous weapon is a shod foot. Under Massachusetts law, a food shod in footwear that is capable of causing injury is considered a dangerous weapon. The essence of the charge is the touching, regardless of whether or not an injury occurs.
To prove the charge of assault and battery, which is a misdemeanor, the government must show that the boy touched the person of another, with the intent to do so, and where such touching was likely to cause bodily harm to another. An assault and battery is a lesser included offense of assault and battery with a dangerous weapon.
With this in mind, if you or someone you know is charged with assault and battery with a dangerous weapon or any crime against the person of another, contact a criminal lawyer who will fight for you. Don’t hesitate, call today.