Research Memo
RWhat constitutes as a dangerous weapon
The use of a particular object in one case should not be construed to mean that any intentional unjustified touching with an object previously held in a different case to have been capable of being a dangerous weapon constitutes a crime; a reasonable jury might well reach a different conclusion as to an object when used in different circumstances. M.G.L.A. c. 265, §§ 15B, 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
In determining whether the use of a particular object has been capable of being a dangerous weapon so that its use constituted a crime, the essential question is whether the object, as used by the defendant, is capable of producing serious bodily harm; that question is for the jury to determine, taking into account the purposes for which the object is intended and the manner in which it is used. M.G.L.A. c. 265, §§ 15B, 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
The relevant behavior for the offense of assault by means of a dangerous weapon is an outward demonstration of force, and requires only apparent ability to injure, which, of necessity encompasses the particular use that the defendant made of the object. M.G.L.A. c. 265, § 15B(b).
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
The appropriate standard for determining whether a neutral object was used as a dangerous weapon focuses on the object's apparent ability to inflict harm and whether the victim reasonably so perceived it, irrespective of whether the crimes at issue are assault by means of a dangerous weapon or home invasion. M.G.L.A. c. 265, §§ 15B(b), 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
To satisfy the dangerous weapon element of the crime, the grand jury must have heard sufficient evidence to suggest that an instrumentality, controlled by the defendant has the apparent ability to inflict harm; the victim reasonably so perceived it; and the defendant, by use of the
The use of a particular object in one case should not be construed to mean that any intentional unjustified touching with an object previously held in a different case to have been capable of being a dangerous weapon constitutes a crime; a reasonable jury might well reach a different conclusion as to an object when used in different circumstances. M.G.L.A. c. 265, §§ 15B, 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
In determining whether the use of a particular object has been capable of being a dangerous weapon so that its use constituted a crime, the essential question is whether the object, as used by the defendant, is capable of producing serious bodily harm; that question is for the jury to determine, taking into account the purposes for which the object is intended and the manner in which it is used. M.G.L.A. c. 265, §§ 15B, 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
The relevant behavior for the offense of assault by means of a dangerous weapon is an outward demonstration of force, and requires only apparent ability to injure, which, of necessity encompasses the particular use that the defendant made of the object. M.G.L.A. c. 265, § 15B(b).
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
The appropriate standard for determining whether a neutral object was used as a dangerous weapon focuses on the object's apparent ability to inflict harm and whether the victim reasonably so perceived it, irrespective of whether the crimes at issue are assault by means of a dangerous weapon or home invasion. M.G.L.A. c. 265, §§ 15B(b), 18C.
Com. v. Mattei, 455 Mass. 840, 920 N.E.2d 845 (2010)
To satisfy the dangerous weapon element of the crime, the grand jury must have heard sufficient evidence to suggest that an instrumentality, controlled by the defendant has the apparent ability to inflict harm; the victim reasonably so perceived it; and the defendant, by use of the