In Massachusetts, defendants charged with certain violent crimes (i.e., “predicate offenses”) can be deemed “dangerous” by the court and incarcerated (without trial) for up to 120 days. The statute allowing such a detention is M.G.L. c. 276, Section 58A, often referred to simply as “58A.” (See my post Criminal Pretrial Detention: “Dangerousness” and 58A Motions.)
Today the Supreme Judicial Court ruled that “assault with a dangerous weapon,” which involves no physical contact between the defendant and his alleged victim, qualifies as a predicate offense under 58A:
The sole issue before us is whether [assault with a dangerous weapon], an offense that is not specifically enumerated as a predicate offense under G. L. c. 276, § 58A (1), falls within the ambit of the statute’s force clause. We conclude that ADW qualifies as a predicate offense because proving ADW always requires establishing the “attempted use or threatened use of physical force against the person of another.” G. L. c. 276, § 58A (1).
The full text of the SJC’s opinion is attached below: