Case Results » Indecent Assault and Battery
Attorney McCarthy Successfully Litigates Removal Of GPS Monitoring Device For Client On Probation For Indecent Assault And Battery [M.G.L. ch. 265 13H] And Early Termination Of Probation
A defendant admitted to sufficient facts to a count of indecent assault and battery on a person over fourteen years old [M.G.L. ch. 265 13H]. The probation department interpreted M.G.L. ch. 265 section 47 as requiring the defendant to be placed on a GPS monitoring device during the two year term of his probation.
On October 22, 2015, the Supreme Judicial Court issued an opinion [Commonwealth v. Doe, SJC-1186] which held that the GPS requirement of M.G.L. ch. 265 section 47, that a sex offender wear a GPS monitoring device as a condition of probation applied only where the probationer was convicted of a sex offense, not where the charge was continued without a finding.
Attorney McCarthy litigated a Motion To Terminate Probation and primarily argued that the GPS monitoring of the defendant was unduly onerous and accordingly, the probation should be terminated early. The court agreed and the defendant was removed from the GPS monitoring device and the probation was terminated early-that day.
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Client Avoids Conviction For Indecent Assault And Battery And Indecent Exposure Despite Prior Criminal History And Avoids Sex Offender Registry Consequences
An undercover police officer approached an individual in a park area and engaged in conversation. The pair eventually went to a path where the officer alleged that the defendant exposed his genitalia and inappropriately touched his "private area." The defendant was arrested and charged with indecent assault and battery and indecent exposure.
The defendant had a prior history for similar charges. Our office conducted a thorough pre-trial investigation. The District Attorney's Office urged for a guilty finding to enter which would trigger Sex Offender Registry consequences. Attorney McCarthy vigorously advocated that a guilty finding not enter and presented the defendant's favorable attributes. Despite the Commonwealth's position, the judge agreed to continue the case for a period of time without entering a guilty finding. Provided that the defendant satisfies certain conditions the case will be dismissed and the client will NOT have to register as a sex offender.
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Felony Charge Of Indecent Assault And Battery Reduced To Misdemeanor Assault And Battery
The police report alleged that the defendant approached one of the complaining witnesses and began rubbing her stomach area. Another witness claimed that the defendant grabbed her hand and began kissing it as she stood in line in a downtown food court. According to the second complaining witness, the defendant also pulled her into a food line and rubbed her back and arm. Attorney McCarthy engaged in discussions with the District Attorney's Office and the felony sexual assault was reduced to one misdemeanor count of assault and battery. The case will be dismissed against the defendant provided he does not get rearrested and satisfies certain conditions. The defendant received a favorable disposition and does not have to deal with the collateral consequence of being convicted of a sexual assault.
Charge of Indecent Assault and Battery to be dismissed/Initial Case
According to the police report, the male defendant grabbed the crotch of the complaining witness who was attempting to escort the unruly defendant from a local hotel. The injuries to the complainant were significant. The prosecution alleged that the complaining witness missed approximately two weeks of work and sought treatment from an urologist for injuries stemming from the defendant's conduct. After hearing arguments from Attorney McCarthy and the prosecution to judge entered a disposition whereby the defendant will not have a criminal conviction as a result of the incident provided he fulfills agreed upon conditions.