Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 15E (2026)

Assault and battery by discharge of firearm; penalty

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 15E. (a) Whoever commits an assault and battery upon another by discharging a firearm, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not more than 20 years or by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

[There is no subsection (b).]

Notes of Decisions
Cited in 11 cases (9 in the last 5 years), 2016–2026 · leading case: Commonwealth v. Mitchell, 126 N.E.3d 118 (Mass. App. Ct. 2019).
Commonwealth v. Mitchell, 126 N.E.3d 118 (Mass. App. Ct. 2019). “265, § 15A ( c ) (i) (count 2), assault and battery by discharging a firearm, G. L. c. 265, § 15E (count 3), unlawful possession of a firearm, G.”
Commonwealth v. Maurice Johnson., 102 Mass. App. Ct. 195 (Mass. App. Ct. 2023). “265, § 18 (b); assault and battery by discharging a firearm, G. L. c. 265, § 15E; possession of a firearm, rifle, or shotgun during the commission of a felony, G.”
Commonwealth v. Teixeira / Commonwealth v. Meade, 475 Mass. 482 (2016). “265, § 15A; two counts of assault and battery by means of discharging a firearm, G. L. c. 265, § 15E; and two counts of attempted assault and battery by means of discharging a firearm, G.”
Commonwealth v. Shaun Harrison., 100 Mass. App. Ct. 376 (Mass. App. Ct. 2021). “See G. L. c. 265, § 15E. That firing a loaded .”
Commonwealth v. Powell, 102 Mass. App. Ct. 755 (Mass. App. Ct. 2023). “The defendant, Aaron Powell, was indicted on one count of assault and battery with a firearm, pursuant to G. L. c. 265, § 15E; one count of attempted assault and battery 2 with a firearm, pursuant to G.”
Commonwealth v. Acevedo, 492 Mass. 381 (2023). “269, § 10 [a]), and assault and battery by means of a firearm (G. L. c. 265, § 15E). The defendant filed a motion in limine to preclude the Commonwealth from "[r]eferring to [a]ny firearm that is not the firearm [a]lleged to have fired the fatal shots.”
Commonwealth v. Xavie X., 247 N.E.3d 886 (Mass. App. Ct. 2024). “265, § 15A [b]), and witness intimidation (G. L. c. 268, § 13B). On appeal, he contends that the motion judge failed to suppress evidence from an unlawful investigatory stop, and he contends that the trial judge erred regarding identification evidence and a related jury…”
Commonwealth v. Bryan Diaz., 253 N.E.3d 617 (Mass. App. Ct. 2025). “265, § 15A (c) (i); assault and battery by discharging a firearm, G. L. c. 265, § 15E (2015); unlawful possession of a loaded firearm, G.”
Commonwealth v. Malik A. Koval., 255 N.E.3d 627 (Mass. App. Ct. 2025). “265, § 18 (b); two counts (three and four) of assault and battery by discharge of a firearm, G. L. c. 265, § 15E; two counts (five and six) of assault and battery on a police officer, G.”
Commonwealth v. Boima Collins, 259 N.E.3d 1057 (Mass. 2025). “The defendant was indicted for assault and battery by discharge of a firearm, G. L. c. 265, § 15E; carrying a firearm without a license, fourth offense, G.”
Commonwealth v. Anthony Eberhart., 276 N.E.3d 741 (Mass. App. Ct. 2026). “265, § 15A (b), assault and battery by discharge of a firearm, in violation of G. L. c. 265, § 15E, illegal possession of a firearm, G.”
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