Felony Charge
When the Commonwealth alleges than an assault and battery was conducted with the use of a "dangerous weapon," that fact makes the it a felony charge. As a general rule, you should never admit to a felony when you have not already been convicted of one without some very compelling reason to do so. Therefore, if you are charged with an assault and battery with a dangerous weapon, you should generally plan on fighting the charge.
Defending the Charge of Assault and Battery with a Dangerous Weapon
In addition to proving the underlying assault and battery, where there is an allegation that a dangerous weapon was used, the Commonwealth had to show that the weapon falls into the legal definition of a dangerous weapon, and that it was actually used in the assault.
The definition of a dangerous weapon is technical and subject to the way courts have read the statute in prior cases. At the same time, however, the definition of a dangerous weapon is very broad, and includes many objects that most people probably would not consider a dangerous weapon. For example a foot wearing a shoe can be considered a dangerous weapon, but not all shoes are dangerous enough to meet the definition.
If you are, or someone you know is, charged with assault and battery with a dangerous weapon, contact me to set up a free consultation to discuss whether this is something the Commonwealth will be able to prove.