You are to explain why you would or would not use Argument One and why you would or would not use Argument Two (independent of each other). (Arguments One and Two are explained below.) You are to provide some definitions and examples for the crimes identified and then explain which are felonies and which are misdemeanors. Review the materials, then start drafting your response. Note that you should read pages 239 – 240 in Chapter 8 of the text to help you analyze Argument One. Short Paper #2 is due to your Instructor by the end of Unit 7.
On a warm Saturday night, Sharon, a teacher in a community where her family has lived for generations, and her husband, Rich, were sitting in a local hotel restaurant. They had already consumed two bottles of wine when an argument broke out between them. One word led to another and Sharon accused Rich of having an affair with his co-worker. At that point, Rich stood up, clenched his fist and said, “I’ve had it with you. I’m going to shut you up right now!” Sharon then picked up the empty wine bottle and hit her husband over the head with it. Blood was everywhere. The hotel manager immediately called 911 for help. When the police arrived, Sharon insisted that her action was in self-defense.
Assume Sharon has sought the legal advice of your supervising attorney. He has asked you to research arguments during possible plea negotiations. While other arguments may exist, for the purpose of your analysis, focus on whether the two arguments described below would be worthwhile to pursue. Note that you do not have to choose one or the other. If you do not think either argument would be worth making, explain your basis for such conclusion.
NOTE: The course plan deals primarily with majority, or multistate, law. In your analysis, you should discuss the majority view first. If your state handles definitions of crimes or the application of defenses differently, you may, but are not required to, comment on these distinctions.
Argument One: Sharon was intoxicated at the time of the crime. Therefore, she should not be found guilty of assault and battery.
Argument Two: Sharon should not be charged with aggravated assault and battery, but only simple assault and battery, since no deadly weapon was used.
Indicate why you would or would not use Argument One. Indicate why you would or would not use Argument Two.
Provide a complete definition of both crimes — assault and battery.
Give examples for each of the following:
- Simple assault
- Simple battery
- Aggravated assault
- Aggravated battery
Which of the crimes listed above are misdemeanors; which are felonies?