The real question is why was this woman arrested and prosecuted? Clearly two crimes were committed here!
Assault and Battery
It is a crime to commit an Assault and Battery in Massachusetts. In Massachusetts if you threaten someone or you attempt to hit someone you have committed an Assault. If you hit someone or touch someone in an offensive manner Massachusetts laws say that you have committed a Battery. There are two types of Batteries in Massachusetts. One is a harmful Battery. This means that you have hit someone with such violence that bodily harm is likely to result. Consent is not a defense to this harmful Battery in Massachusetts. The other form of Battery in Massachusetts is an offensive Battery. Consent is a defense to this crime in Massachusetts.
If you are convicted for Assault and Battery in Massachusetts you could face up to 2 years in jail or as much as a $1,000.00 fine. Massachusetts laws also punish people for up to five (5) years in prison and a fine of $5,000.00 if the Assault and Battery causes serious bodily injury, or the person you hit is pregnant or if you have a restraining order pending against you at the time you commit the Assault and Battery.
John H. Armwood
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