Under which condition can an arrest for assault and battery be considered a felony?

An arrest for assault and battery can be considered a felony when it involves a dangerous weapon. This is because using a dangerous weapon escalates the severity of the offense and poses a greater threat to the victim's safety. In many jurisdictions, the classification of assault and battery as a felony, rather than a misdemeanor, is directly tied to the presence of dangerous instruments. Such weapons can include firearms, knives, or any other objects capable of causing significant harm.

The presence of a dangerous weapon distinguishes this type of assault and battery from lesser degrees, where the potential for harm is not as significant. Therefore, if the assault and battery involve such a weapon, the legal implications are more severe, often leading to harsher penalties and the possibility of felony charges.

Other conditions, such as whether a victim is incapacitated or if a suspect flees the scene, do not necessarily elevate the charge to a felony. An arrest warrant generally does not pertain to the classification of the crime itself but rather to the prosecution procedure. Thus, while these elements might influence the overall case, they do not inherently change the classification of the felony in the context of assault and battery.