Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 18A (2026)

Dangerous weapon; assault in dwelling house; punishment

✓ current as of July 2026

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Section 18A. Whoever, being armed with a dangerous weapon, enters a dwelling house and while therein assaults another with intent to commit a felony shall be punished by imprisonment in the state prison for life, or for a term of not less than ten years. No person imprisoned under this paragraph shall be eligible for parole in less than five years.

Whoever, being armed with a dangerous weapon defined as a firearm, as defined in section 121 of chapter 140, enters a dwelling house and while therein assaults another with intent to commit a felony shall be punished by imprisonment in the state prison for a term of not less than ten years. Such person shall not be eligible for parole prior to the expiration of ten years.

Notes of Decisions

Cited in 97 cases (9 in the last 5 years), 1977–2025 · leading case: Commonwealth v. Gunter, 692 N.E.2d 515 (Mass. 1998).

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Commonwealth v. Gunter, 692 N.E.2d 515 (Mass. 1998). · cites it 10× “265, § 1, armed assault in a dwelling with intent to commit a felony, G. L. c. 265, § 18A, and illegal possession of a firearm, G.”

Commonwealth v. Mahar, 809 N.E.2d 989 (Mass. 2004). · cites it 3× “345, 355 (1988) (for purposes of armed assault within a dwelling, G. L. c. 265, § 18A, entry must be ‘unprivileged’ or unlawful).”

Gunter v. Maloney, 291 F.3d 74 (1st Cir. 2002). · cites it 2× “Mass. Gen. Laws ch. 265, § 18A. The prosecution theory, proven at trial, was that Berry had been assaulted and that assault was the felony to support the felony murder.”

Commonwealth v. Kilburn, 780 N.E.2d 1237 (Mass. 2003). · cites it 3× “1 The single justice allowed the defendant’s petition with regard to two issues: (1) whether the defendant may be convicted of joint venture felony-murder when the acts constituting the predicate felony, armed assault in a dwelling with intent to commit a felony, G. L. c. 265, §…”

Commonwealth v. Dunn, 680 N.E.2d 1178 (Mass. App. Ct. 1997). · cites it 4× “345, 355 (1988) (for purposes of armed assault within a dwelling, G. L. c. 265, § 18A, entry must be “unprivileged” or unlawful).”

Commonwealth v. Matchett, 436 N.E.2d 400 (Mass. 1982). · cites it 2× “The instruction concerning felony-murder in the first degree rested on an armed assault in a dwelling with intent to commit a felony (G.L.c. 265, § 18A); felony-murder in the second degree was grounded on the commission of extortion or attempted extortion (G.”

Commonwealth v. Murphy, 813 N.E.2d 820 (Mass. 2004). · cites it 2× “The judge explained that the felony-murder rule substitutes the intent to commit the underlying felony for malice aforethought, and that the underlying felony in this case was armed assault in a dwelling with intent to commit a felony (here, robbery), see G. L. c. 265, § 18A.…”

Commonwealth v. Gunter, 945 N.E.2d 386 (Mass. 2011). · cites it 2× “265, § 1; armed assault in a dwelling with intent to commit a felony, G. L. c. 265, § 18A; and illegal possession of a firearm, G.”

Commonwealth v. Johnson, 45 N.E.3d 83 (Mass. 2016). “The defendant was indicted on seven charges, including armed assault in a dwelling, in violation of G. L. c. 265, § 18A, and breaking and entering in the daytime, in violation of G.”

Commonwealth v. Perry, 378 N.E.2d 1384 (Mass. App. Ct. 1978). · cites it 4× “265, § 17) and armed assault in a dwelling with intent to commit a felony (G. L. c. 265, § 18A, as appearing in St. 1969, c.”

Commonwealth v. Alexis, 112 N.E.3d 796 (Mass. 2018). “265, § 17 ), armed assault in a dwelling (G. L. c. 265, § 18A ), assault and battery by means of a dangerous weapon (G.”

O'Laughlin v. O'Brien, 568 F.3d 287 (1st Cir. 2009). “266, § 14 ; (2) armed assault in a dwelling, see Mass. Gen. Laws ch. 265, § 18A; (3) armed assault with intent to murder, see Mass.”

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