Indecent Assault and Battery

In What Types Of Situations Can Someone Be Charged With 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. Call Kathleen McCarthy, Massachusetts Indecent Assault and Battery Criminal Defense Lawyer, at 978-975-8060 or contact Kathleen McCarthy online.

Kathleen McCarthy 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. Contact Massachusetts Criminal Defense Lawyer Kathleen McCarthy today at 978-975-8060 or contact Kathleen McCarthy online.

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.

    Read More in Sex Crimes

  • 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.