Indecent Assault and Battery
If you touch a person fourteen (14) years of age or older without their permission on portions of the body considered private, you can be charged with Indecent Assault and Battery. If the person is under the age of fourteen (14) the consequences of a conviction can be much more severe. This is a serious charge, and a conviction means that you face imprisonment, fines and mandated registration on Sex Offender Registry lists.
An Assault And Battery is basically the touching of another person without his or her consent and without excuse or legal justification. The touching is considered “indecent” if it involves portions of the body that are routinely considered “private.” These areas include male and female genitalia, male or female buttocks, a female’s breast and the mouth and its interior. In Massachusetts, a conviction for forcing a tongue in another’s mouth has been considered indecent. However, depending on the situation even a simple kiss maybe considered an indecent touching of another person.What Types Of Defenses Can Be Raised For This Crime?
Depending on the situation, a defendant may claim that the incident simply did not happen and the alleged victim is making up the story for revenge.
There are also circumstances in which a defendant may claim that the touching did occur but was accidental. If a defendant raises this type of defense, then the trial attorney must ensure that the appropriate jury instruction is given.Are There Situations In Which This Crime Would Be Considered Aggravated?
Yes. If the alleged victim is disabled or sixty years of age or older, the offense is considered aggravated. If this is the case, then the District Court does not have final jurisdiction, and the case will be prosecuted in the Superior Court.Is This Crime A General Intent Crime Or A Specific Intent Crime?
In order to get a conviction for this offense, the Commonwealth only has to prove beyond a reasonable doubt that the defendant intended to do “that which the law prohibits” and does not have to prove that the defendant engaged in the conduct for sexual gratification.Is This Crime A Lesser-Included Offense Of Any Other Crime?
Yes. The charge of Indecent Assault and Battery is a lesser- included offense of forcible rape. Additionally, Assault and Battery is a lesser-included offense of Indecent Assault and Battery.
You need an experienced lawyer who will fight the charges and negotiate the best possible outcome.
The attorney will conduct a thorough investigation of the incident, determine if the arrest was made properly, and challenge the legality of the arrest if your Constitutional rights were violated. She will examine every possible avenue of defense. She will work with prosecutors to get charges reduced to simple assault, making it a misdemeanor, get charges dismissed if at all possible, or have the sexual assault portion of the charges dismissed so that sentencing is for a lesser charge.
A conviction on an Indecent Assault and Battery charge will result in your name being included on Sex Offender Registry lists, which can be posted online, in local police stations, in local post offices and available for anyone to see. Often, letters about the offense will be sent to your community, and your ability to work, travel, and decide where you live will be seriously jeopardized. This is a list that follows you throughout your entire life. An Indecent Assault and Battery charge is something you must take very seriously.Do note talk with anyone, even if you feel what you are going to say is going to help you. Do not discuss anything - and only speak with your lawyer. Don't sign ANYTHING - not until your attorney reviews it and gives you the go ahead.
The stakes are high if you have been accused of indecent assault and battery. You want to hire an experienced, aggressive Massachusetts Indecent Assault and Battery Criminal Defense Lawyer who will thoroughly investigate the charges, relentlessly negotiate for you and defend you in every step of the criminal justice system.