Indecent Assault and Battery

Indecent Assault and Battery on a Person Aged Fourteen or Older

Indecent assault and battery on a person aged fourteen or older is a criminal offense under Massachusetts General Laws Chapter 265 Section 13H. An assault and battery is an intentional and unjustified use of force upon another’s person, however slight. Since violent force is not usually involved in this offense, “force” in this context is usually no more than a touching. An indecent assault and battery is an intentional and unjustified touching of a private area, including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is determined in the context in which the touching occurred.This crime is a general intent crime as opposed to a specific crime in Massachusetts. Regardless of how the law reads we view many general intent crimes as crimes that lower the district attorney’s burden of proof. In some sense it undermines any defense that centers on accident or an absence of intent. This unfortunate nuance to this law makes it necessary for you to hire someone who has practiced criminal defense law in Massachusetts for decades. There is no substitute for experience.

What Are The Elements of Indecent Assault and Battery on a Person Fourteen or Older in Massachusetts?
To be convicted of indecent assault and battery on a person aged fourteen or older, the prosecutor must prove all of the following six elements beyond a reasonable doubt:

The alleged victim was over the age of fourteen.
The defendant intended to engage in the touching;
The defendant committed the touching;
The touching was harmful or offensive;
The touching was indecent.A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
There was no justification or excuse for the touching.
What Will Happen to me if I am Convicted of Indecent Assault and Battery on a Person Fourteen or Older?
If you are convicted of indecent assault and battery on a person aged fourteen or older, you face imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves.

Even if you are a first time offender, an Indecent Assault and Battery conviction in Massachusetts carries one of the greatest risks for serving a very long state prison sentence, in addition to spending a lifetime as a registered sex offender. However, false accusations unfortunately are frequently made against innocent people and result in prosecutors issuing bizarre and illogical indecent assault and battery charges that can turn the accused person’s life upside down in an instant.

SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE

Attorney James Powderly defends individuals charged with the following Massachusetts Indecent Assault and Battery crimes:

• Indecent Assault and Battery on Person Fourteen (14) and Older
• Indecent Assault and Battery on Mentally Retarded Person
• Indecent Assault and Battery on Person Under Fourteen (14)
MA INDECENT A&B PENALTIES

Indecent Assault and Battery is an incredibly serious charge that will result in long prison sentences and hefty fines upon conviction. In addition, if you are found guilty, you will be required to register as sex offender for the rest of your life. This means that every year you must provide your name and address to your local police department. Furthermore, your reputation will be destroyed. You will be prohibited from holding certain professions, and may have difficulty finding housing or obtaining a loan. You will also be prohibited from spending time alone with children, even if they are your own kids.

MA INDECENT A&B DEFENSE STRATEGY

Each case has different facts and will require a unique approach. We analyze the case and determine the most effective presentation of your case. Our sex crimes defense attorneys work hard to develop an effective indecent assault and battery defense strategy.

• We utilize DNA experts to challenge the validity of any DNA evidence.
• When a case lacks DNA evidence, we use this fact to our client’s advantage.
• We listen to our client’s the story. Was the act consensual?
• Did the police violate our client’s rights by coercing a confession?
• Was the accuser known for making false accusations?

Your reputation can be seriously damaged by allegations of Indecent Assault and Battery. Society is quick to jump to conclusions. We fight to protect your rights, preserve your freedom and preserve your reputation. Click Here to schedule a free initial consultation.

DEFENSE OF INDECENT A&B ON PERSON UNDER 14

There are four elements the Commonwealth must prove:
1. The alleged victim was at least fourteen years old at the time of the offense;
2. The defendant committed an assault and battery on the alleged victim. An A&B is the intentional touching of another person, without justification or consent.
3. The Commonwealth must prove the A&B was “indecent”. An A&B is “indecent” if it involves touching parts of the body commonly thought of as private, such as genitals, buttocks and a woman’s breasts.
4. The Commonwealth must prove the alleged victim did not consent.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery 14 and Older

First Offense Penalties
1. Felony.
2. State Prison up to Five (5) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the victim is 60 years or older or disabled as defined in Section 13K
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the Defendant is convicted of a second or subsequent offense
1. Felony.
2. State Prison up to Twenty (20) Years.
3. Sex Offender Registration.

Chapter 265: Section 13H.
Indecent Assault and Battery on Person Fourteen or Older; Penalties
Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery Mentally Retarded Person

First Offense Penalties
1. Felony.
2. State Prison Five (5) to Ten (10) Years.
3. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison not less than Ten (10) Years.
3. Sex Offender Registration.

Chapter 265: Section 13F.
Indecent Assault and Battery Mentally on Retarded Person; Assault and Battery
Whoever commits an indecent assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a mentally retarded person upon another mentally retarded person.

Whoever commits an assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery on Child Under Age of 14

WARNING!! In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

First Offense Penalties
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison Up to Life.
3. Sex Offender Registration.

Chapter 265: Section 13B.
Indecent assault and battery on child under age of 14; Penalties
Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.