Assault and battery is a criminal offense in Massachusetts. There are different types of assault and battery. The types usually have to do with who the victim is. Certain categories of vulnerable people have special protection under the law. Some examples include:
- Pregnant Women
- Police Officers
- Correctional Officers
- Children Under 14 Years Old
One type of assault and battery is assault and battery on a healthcare provider. The purpose of this crime is to protect people who provide healthcare services. Medical providers like paramedics and emergency room nurses are often first responders to criminal events. The aim of the law is to give them special protection from injury when they do their job.
What is assault and battery?
In order to understand assault and battery on a healthcare provider, you need to first understand the definition of assault and battery in Massachusetts.
Assault and battery is offensive or harmful touching of another person. The touching can be either intentional or reckless. Intentional touching is touching that is conscious and deliberate. Touching someone accidentally or negligently is not intentional touching. Reckless touching is touching that the person who did the touching knew, or should have known, was very likely to cause substantial harm to someone but they ran that risk and went ahead anyway.
The difference between intentional and reckless touching might sound abstract. Examples can help illustrate how they are distinct:
Intentional Touching: Getting angry with someone and punching them in the face.
Reckless Touching: Swinging a hammer around in a circle near someone and hitting them in the arm accidentally.
In the first example, the decision to touch the victim (punching them) was intentional. It was done because the person doing the touching was angry. In the second example, the conduct was not intentional. Hitting the other person was an accident. But the conduct, swinging a hammer around close to another person, is behavior the other person either knew or should have known was very likely to substantially cause harm. It still counts as assault and battery.
The takeaway is that assault and battery requires either intent or recklessness. Just because conduct is not intentional does not necessarily mean it is not assault and battery. Intent and recklessness are mental states. Criminal cases often come down to a person’s mental state. It is the obligation of the Commonwealth to prove every crime beyond a reasonable doubt. This includes the alleged offender’s mental state. An effective criminal defense attorney holds the Commonwealth to its burden of proof.
What is assault and battery on a healthcare provider?
With that understanding in mind, it is now possible to understand what it means to commit an assault and battery on a healthcare provider. In order for the Commonwealth to convict a person of this crime, the Commonwealth must prove beyond a reasonable doubt that an assault and battery occurred in addition to three other requirements:
- The alleged victim was (one of these): (1.) an emergency medical technician; (2.) an ambulance operator; and/or(3.) a health care provider.
- The alleged victim was treating or transporting a person in the performance of their duties at the time of the alleged incident.
- The defendant had knowledge of the above
Important to note is the requirement of knowledge, an additional mental state. Remember that proving simple assault and battery requires proof beyond a reasonable doubt of either intent or recklessness. Assault and battery against a healthcare provider requires proof of either intent or recklessness in addition to proof of knowledge. Knowledge for this crime means the person had an awareness or understanding that the person they touched was both one of the above categories or people and was performing their duties at the time of the alleged incident. It is not enough that a reasonable person would have known.
For example, a person is sitting on a park bench and requires medical attention. A pedestrian calls 9-1-1 and paramedics arrive. One of the paramedics approaches the person on the bench from behind to provide medical assistance. The person on the bench does not realize the approaching person is a paramedic and turns around and punches them. In this case, it would be difficult for the Commonwealth to prove knowledge. Even if the person on the bench saw the ambulance arrive at the park and heard sirens, if they did not know the paramedic approaching them from behind was a medical professional attempting to provide medical assistance, the Commonwealth would not be able to prove knowledge beyond a reasonable doubt.
Who counts as a health care provider?
Crimes often do not provide definitions for words used, but sometimes they do. “Health care provider” is defined in different statutes. They include:
- Dentists
- Nurses
- Pharmacists
- Social workers
- Chiropractors
- Psychologists
- Interns
- Residents
- Fellows
- Hospitals
- Clinics
- Nursing homes
A successful criminal defense attorney pays close attention to definitions when preparing a defense. Sometimes the legal definitions of words are counterintuitive. For example, a person might think a “health care provider” must be a person. However, as the definition explains, it can also include a facility, such as a hospital or nursing home.
Is assault and battery on a healthcare provider a felony?
No, assault and battery on a healthcare provider is not a felony. It is a misdemeanor.
Is self-defense a defense to assault and battery on a healthcare provider?
Yes, self-defense can be a defense to this crime. Self-defense would be applicable if a person does not consent to medical treatment. Self-defense is an affirmative defense, which means the requirements for it to apply must be proven by the accused. If the Commonwealth is able to prove any of facts on this list beyond a reasonable doubt, the defense does notapply:
- The accused consented to treatment
- There was an emergency requiring immediate medical treatment, the accused could not consent, and there was no time to obtain consent
- The accused did not do everything reasonable to avoid using physical force before resorting to physical force
- The accused used more force than necessary to defend themself
Consent can be express or implied. For example, a person saying “I consent” is expressly consenting. Implied consent could include saying or doing nothing in response to a medical provider beginning to administer treatment.
An emergency, such as a head injury causing loss of conscious, would also likely not justify self-defense. That would be so if the injury was life-threatening and the defendant was truly unconscious and could not speak.
If a person starts receiving medical care and treatment against their wishes and responds by punching the health care provider in the face, this would likely not be doing “everything reasonable” to avoid using physical force. If the person is able to speak, they should have first asked the healthcare provider to stop administering treatment.
If a person responds to a healthcare provider beginning to treat a small cut by shooting them with a gun, this would likely be considered “more force than necessary.”
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH ASSAULT AND BATTERY, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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