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the basis of the assault. The state claims the dangerous weapon is lightning. Which Mr. Jones was going to use to “fry” Ms.Steward. Our client John Jones, has been accused of attempted murder , battery, and assault with a dangerous weapon towards Elizabeth Steward.DiscussionI.The court will most likely hold John Jones guilty for assault by means of dangerous weapon.Massachusetts Law Chapter 265, Section 15A discusses the elements of Assault By Means of a Dangerous Weapon. It must be proven that John Jones has (a) committed any assault,(b) intended to commit assault, and (c) the assault was done with a dangerous weapon. The element assault by means of a dangerous weapon in Massachusetts is discussed in CommonWealth v. Shea. If the object that is not considered a dangerous weapon in it’s natural state could be considered used as a dangerous weapon varies on different factors. Tiffany ChatmanA.2
“Whether a device is a dangerous or deadly weapon, for the purpose of any aggravated assault charge depends on various factors, including whether (1) it is designed as a weapon and capable of producing death or great bodily harm,(2) it is a device instrumentality,which, in the manner it is used or intended to be used, is likely to produce death or great bodily harm,(3) the defendent had the apparent ability to injure the victim seriously by using the object6 Am. Jur. 2d § 38 (West’s 2017)” In Commonwealth v. Shea , John Shea and his friend invited two women on his boat and headed out to open sea. During this boat ride John Shea requested the women removed their clothes and continued with offensive behavior. Once the women demanded to be