Submitted by Charlesn on Fri, 05/08/2009 - 09:33
One of your answers got me confused about the difference between 'assault' and 'battery' under MA criminal law. Can you explain it please?
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Editor's Response
Under Massachusetts law (M.G.L. c. 265, § 13A), the crime of assault and the crime of assault and battery are punishable by up to 2.5 years in prisons. But there are important difference between the two crimes. An 'assault occurs when one person acts in a threatening and/or overt way such that a that another person feels 'immediately threatened.' Words alone are not enough. It does not matter if there is actual physical contact, as long as a reasonable person would feel threatened by the acts or gestures.
A battery, on the other hand occurs when one person intentionally touches another in an unjustified manner. It does not matter how slight the contact is, as long as it is intentional and unjustified. So, for example, according to MA criminal law, bumping into a person on a bus by accident is not a battery (not intentional), nor is checking a person while playing hockey (justified). For more information or to post a question, visit our MA Criminal Law Discussion Forum. Please tell your friends about The Forum.