Boston Criminal Defense Lawyer Blog

Forty year old Robert Manzi of Lawrence Massachusetts was arrested and charged in relation to the recent hold up of a convenience store. According to The Lawrence Eagle Tribune, Manzi is accused of using a hammer to effect the robbery. He made out with approximately $100.00. The police believe that Manzi is a suspect in other robberies.

The Tribune reports that Manzi is the brother of Methuen Mayor William Manzi. The Mayor explained that unfortunately his brother is a drug addict who is in need of some help. In a released statement the Mayor explained, "Too many families experience the pains and horrors associated with drug addiction and unfortunately that includes mine." Manzi will appear in the Lawrence District Court on August 5th and faces a hearing to determine whether he is a danger to the community.

Based on the facts of this case Manzi could face charges of armed robbery and/or assault by means of a dangerous weapon. The dangerous weapon in this case would be the hammer. In Massachusetts if a defendant is convicted for assault and battery by means of a dangerous weapon he or she faces the potential penalty of 10 years in state prison, 21/2 years in the house of correction, a fine of not more than $5,000 or both.

In order to establish that the object used is a "dangerous weapon" the Commonwealth must prove that the object is one capable of doing serious damage to the victim of the assault. See, M.G.L.A. 265 § 15A. An object does not have to be "per se" dangerous such a a gun.
In Massachusetts an ordinary item can be considered “dangerous weapons,” when it is employed in a dangerous manner. For example, even a pencil can be considered a dangerous weapon if it is used to poke or stab someone.