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Assault with a dangerous weapon on a person 60 years or older (G.L. c. 265, § 15B[a]) is an aggravated form of the offense. The Commonwealth must charge and Where the dangerousness of the object is for the jury to decide, a lesser included instruction on assault and battery should always be given, and must be given Assault by Means of a Dangerous Weapon. Practice, Criminal, Required finding, Instructions to jury. This court concluded that, in a prosecution for assaultMassachusetts law considers the crime of assault by means of a dangerous weapon an aggravated case when the victim is sixty years or older. Under G.L. c. 265 s. Section 15A. (a) Whoever commits assault and battery upon a person sixty years or older by means of a dangerous weapon shall be punished by imprisonment in the Section 15B. (a) Whoever, by means of a dangerous weapon, commits an assault upon a person sixty years or older, shall be punished by imprisonment in the Committing assault and battery by discharging a firearm, large capacity weapon, rifle, shotgun, sawed-off shotgun, or machine gun is punishable to twenty years Section 15A of Chapter 265 in the Massachusetts General Laws distinguishes between two subsidiaries of the same crime: intentional assault and battery which Practice, Criminal, Instructions to jury. Larceny. Assault and Battery. Assault and Battery by Means of a Dangerous Weapon. Intent. Intoxication. In Massachusetts, under MGL c. 265 s. 15A, assault and battery with a dangerous weapon is a felony which carries up to 10 years in state prison and $5,000 fine.