Assault and Battery
Assault and battery is outlined in Massachusetts General Laws Chapter 265, Section 13A, and is generally prosecuted in Massachusetts district courts.
There are two different theories of assault and battery that the prosecution may proceed on: Intentional assault and battery, and reckless assault and battery. There are affirmative defenses to both.
Elements that the Government Must Prove
To convict someone of assault and battery, the government must prove the following four elements beyond a reasonable doubt:
That you committed a touching, no matter how slight.
That the touching was intentional.
That the touching was harmful or offensive. A harmful touching is contact with an individual that is physically harmful or potentially physically harmful. An offensive touching is a touching that is without consent.
That the touching was committed without justification or excuse.
Defenses to intentional assault and battery
Self-defense, necessity, consent, and accident are the four defenses to assault and battery.
If there is a reasonable belief that you are in danger of imminent bodily harm, you have the right to defend yourself. You are required to avoid physical altercations when reasonable, for example if you can escape before resorting to force, the law requires that you do so. You may not use greater than reasonable force necessary to subdue the threat.
You are not required to run from your home, as long as you believe the attacker is about to inflict great bodily death or injury upon you. This does not allow you to use greater than reasonable force. You still must apply reasonable force necessary to subdue the threat.
Necessity exists when the situation calls for your to break a criminal law to avoid greater harm than if you acted in accordance with the law. It is a rarely used defense.
The defense of duress exists when someone forces you to commit a criminal act.
Consent may be available as a defense if the other party consents to the touching. It depends on the circumstances. For example, two people cannot “consent” to a fistfight.
Accident means exactly what you would expect: that the touching was by accident. Intent is an element required of assault and battery, so an accidental touching would be fatal a charge of assault and battery.
Reckless Assault and Battery
Elements
Reckless assault and Battery differs from intentional assault and battery in some very important ways.
Reckless Assault and Battery requires the government to prove that the accused engaged in actions that caused physical harm or bodily injury to someone. To prove this element, the prosecution must show that there was an actual injury, something beyond trifling or annoying, and that the injury was sufficiently serious to interfere with someone’s health or comfort. The injury does not have to be permanent. An action that only causes momentary discomfort is insufficient. You need not actually intend to hit anyone.
The second part the government must prove is that the accused’s actions amounted to wanton and reckless conduct. To prove this element, the government must establish that the accused’s actions went beyond mere negligence, and amounted to recklessness. Negligence is commonly associated with carelessness. Reckless conduct is characterized as conduct that a reasonable person must have known or should have known would likely cause substantial harm to someone, and that the accused proceeded with that conduct anyway. It is a willful disregard of the obvious potential consequences.
You may also be convicted of assault and battery if you are chasing someone and they are injured. Even if you do not physically touch them, the act of putting them in fear and causing them to flee is enough so long as they are injured while trying to escape.
The maximum punishment for assault and battery is 2.5 years in the state prison or a fine of $1000.