Assault and Battery
The most common form of assault and battery is an intentional act of physical contact that is either likely to cause bodily harm, or is offensive (for example, done without the other person’s consent). Even an act that might be legal in another context, such as giving someone a hug, can result in an assault and battery charge. The law also recognizes special categories of assault and battery, such as assault and battery on a pregnant woman, on a person sixty or over, or with a dangerous weapon.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you?
Three things: 1) You touched the alleged victim; 2) You intended to touch them; 3) The way you touched them either was likely to cause bodily harm, or was offensive.
What if the alleged victim consented?
For assault and battery by means of physically harmful conduct, consent is probably not a defense. For assault and battery by means of offensive conduct, evidence that the other person consented may make a difference. If you hug someone, that might be legal with their consent, or it could be assault and battery if done without their consent.
How was I supposed to know the other person didn’t consent?
Sometimes consent, or lack of consent, is obvious. If it wasn’t obvious, a jury will likely have to determine, based on the circumstances, whether the alleged victim did or did not consent. If you have any doubt about consent, the safest course of action is to keep your hands to yourself.
What is offensive touching?
One form of touching the law considers offensive is to touch someone without their consent (especially in a sexual context). Other examples might include touching someone in a way that is meant to embarrass them, or annoy them.
Are you guilty if you didn’t intend to harm the alleged victim?
You can be, yes. Whether you subjectively intended to hurt the other person is not the point. So long as you intended to touch that person, and the touching met the definition of assault and battery, you can’t defend yourself by saying that you didn’t mean any harm. Even if you meant something nice (for example, a pat on the back), if you did it in a way that was likely to hurt the other person, or that didn’t have their consent, you could be guilty of assault and battery.
Does the victim need visible injuries?
No, physical contact alone can be enough even without lasting injuries.
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