Dorchester Democrat Sentenced to 6 months in assault case
A 37 year old state representative, Carlos Henriquez, was sentenced to six months in prison after a jury had convicted him of punching a woman in the chest after she had refused to have sex with him. The district judge; Michele Hogan, said, “when a woman tells you she doesn’t want to have sex, that means she does not want to have sex.”
Hogan’s sentence for Henriquez was two and a half years, in the house of correction, yet he ordered Henriquez to serve only 6 months of the sentence that Henriquez was given. However; Middlesex prosecutors had asked that Henriquez be ordered to serve 1 year of a 2 and a half year sentence, which would be the maximum for assault and battery. ...view middle of the document...
Trying to commit harm is necessary when trying to establish fear.
Assault and battery are usually committed together. You cannot commit battery without committing assault. On the other hand, assault can be committed without committing battery. The reason why battery cannot be committed without assault is because that when you are trying to commit battery you are right now committing assault. Whether or not you are using some kind of weapon or just making some type of physical movement, for if it results in any kind of fear it is considered assault.
The reason why assault is able to be committed without battery is because battery is when you touch or harm someone. Assault is when you threaten to touch or harm someone. Assault is to threaten. Battery is to harm. You do not need to commit battery in order for you to be able to commit assault. Hopefully you are not going to be committing assault or battery. When Carlos Henriquez was convicted of punching a woman; he was convicted of assault and battery.
This case is about assault and battery and on how it relates to assault and battery. Assault always comes before battery. So the first thing that Carlos Henriquez did was commit assault. The assault was committed when Carlos Henriquez had went after the woman after she refused to have sex with him. Battery followed up when Henriquez held the woman down. The main part of battery had happened when Henriquez had punched her in the chest.
Cramer, Maria, and Michael Levenson. “6 months in jail for lawmaker Henriquez.”http://www.bostonglobe.com/metro/2014/01/15/rep-carlos-henriquez-guilty-two-assault-charges-acquitted-three-other-charges/4pgptu75IHRICLcpgBDdI/story.htm. Boston Globe, 15 Jan 2014. Web. 28 Mar 2014.