PA 260 week 7 assignment Ronald Blair

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.

The issue

Whether it is a mitigating factor that Sharon was intoxicated at the time of the crime, and she should not be charged with assault and battery (argument one)?