Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed
A:
It doesn’t sounds like an assault with a dangerous weapon. There are two versions of assault in Massachusetts:
In order to establish the first form of assault — an attempted battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a battery — that is, a harmful or an unpermitted touching — upon [alleged victim] , took some overt step toward accomplishing that intent, and came reasonably close to doing so.
In order to prove the second form of assault — an imminently threatened battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to put [alleged victim] in fear of an imminent battery, and engaged in some conduct toward [alleged victim] which [alleged victim] reasonably perceived as imminently threatening a battery.
Tim Akpinar and Lissa McKinney agree with this answer
A:
It doesnt take much for a complaint to issue, so depending on how the facts were presented, the complaint might issue. However, as has been said, it is unlikely that an assault with the dangerous weapon can be made out. First of all, when an item isnt per se dangerous like a knife or weapon, the item being charged as a dangerous weapon has to be capable of causing serious bodily harm and also be used in that manner. Here, throwing a bowl against a closed door, even if it breaks, might be scary for the person on the other side of the door, but is unlikley to be upheld as an A/DW.
It is likely to be an assault though.
Tim Akpinar agrees with this answer
A: Keep in mind in Massachusetts it doesn't take much for a domestic case to start and even less to quickly gain momentum. The laws which were put in place to protect those who need it most leave judges and clerks in a very tough position. They have no choice but to worry about "what if". What if it happened? What if he is unsafe? They must err on the side of caution, less concerned with the possibility of unsubstantiated, wrongful allegations and more concerned with the safety of the community. Be careful out there.
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