Legal Question in Criminal Law in Massachusetts

Commonwealth must prove three elements of the crime of A&BDW;:

1. The defendant touched the person without having any right or excuse for doing so;

2. The defendant intended to touch and

3. The touching was done with a dangerous weapon.

A dangerous weapon is an item which is capable of causing serious injury or death.

The Commonwealth is not required to prove that the defendant specifically intended to cause injury to the alleged victim- It is not necessary for the Commonwealth to prove that the defendant actually caused injury to with a dangerous weapon. Any slight touching is sufficient, if it was done with a dangerous weapon.

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