Indecent Assault and Battery Boston's Go-To Criminal Defense Law Firm

Indecent Assault and Battery

What is Indecent Assault & Battery?

Indecent assault and battery on a child under the age of 14 is considered a very serious sex crime in the state of Massachusetts.

Section 13B1/2 states:

“Whoever commits an indecent assault and battery on a child under the age of 14 and: (a) the indecent assault and battery was committed during the commission or attempted commission of the following offenses: (1) armed burglary; (2) unarmed burglary; (3) breaking and entering; (4) entering without breaking; (5) breaking and entering into a dwelling house; (6) kidnapping; (7) armed robbery; (8) unarmed robbery; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon; (10) home invasion; or (11) posing or exhibiting child in state of nudity or sexual conduct.”

In regard to prosecution, the law also states:

“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.”

Contact Brad Bailey Law to schedule a case evaluation today.

According to the state of Massachusetts, indecent assault and battery of a child is unwarranted, unconsented and intentional touching of the private areas of a child’s body.

Private areas include:

  • Genital areas
  • Pubic areas
  • Buttocks
  • Breasts
  • Abdomen.

The child can either be clothed or not clothed when the crime occurs. Thus, for a person to defend her/himself against an indecent assault and battery charge in the state of Massachusetts, it can be challenging, complex and time consuming.

What the Commonwealth Must Prove for a Conviction

To prove a defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

  1. That the alleged victim was at least fourteen years of age at the time of the alleged offense.
  2. That a defendant committed an assault and battery on the alleged victim. Assault and battery is essentially the intentional touching of another person, without legal justification or excuse.
  3. Prove beyond a reasonable doubt that the assault and battery was “indecent” as that word is commonly understood, measured by common understanding and practices.
  4. The Commonwealth must prove beyond a reasonable doubt that the alleged victim did not consent.

Significant Consequences if Convicted in Massachusetts

In the state of Massachusetts, if a person is found guilty of this crime, she/he could face up to ten years in a state prison or up to two and a half years in county jail. Substantial fines could ensue as well as a mandatory registration with the Massachusetts Sex Offender Registry Board (SORB).

Federal Indecent Assault & Battery

Federal indecent assault and battery charges have severe consequences as well.

The federal definition of assault and battery is:

“Although colloquially used interchangeably, in many jurisdictions, assault and battery are distinct crimes. In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact. Assault is a lesser included offense of battery, meaning that assault merges into battery and that a defendant may be punished for one but not both crimes.”

You Need an Experienced Boston Criminal Defense Attorney

A federal or state indecent assault and battery charge could be incredibly damaging if the person is found guilty. That is why it is necessary to find a lawyer who has the right credentials in defending clients against charges such as these. The lawyer should have jury and trial exposure experience in regard to indecent assault and battery. Also, the lawyer should have an extensive history in successfully defending clients in this area.

Why Schedule a Consultation with Brad Bailey Law?

With years of experience defending clients in these types of cases, Brad Bailey is equipped to represent your case from beginning to end. Most notably he defended these indecent assault and battery cases: Commonwealth v. Ma, Commonwealth v. Hallum, Commonwealth v. Turner andCommonwealth v. Ericson.

Accolades and accomplishments:

  • Earned “Outstanding Prosecutor” rating while Assistant US Attorney in Boston.
  • He is a veteran of nearly 100 state and federal jury trials.
  • According to The National Academy of Criminal Defense Attorneys is one of MA's Top 10.

Attorney Brad Bailey knows that an indecent assault and battery charge can destroy your reputation and your chances of future employment and quality of life. Our Boston criminal defense attorneys understand this is the most challenging time of your life, and therefore, our firm will treat you with the utmost respect, dignity, and compassion. We will aggressively fight for your rights and defend you with every means possible to ensure the best outcome for you.

Contact Our Boston Criminal Defense Attorney for a Consultation!

Client Testimonials

Read How We Helped People in Your Shoes
    We won and my entire case was a success thanks to Brad.

    “Brad Bailey is one of the best attorneys I've had. He's easy to talk to and listens. Gives great advice and is ready to do work hard for a positive outcome.”

    - Krysten O'Donnell
    When you want the very best service, the very best law intelligence, the very best outcome, I would look for Brad Bailey.

    “This is one smart and hard-working attorney. He is attentive and he was ready to fight any angle the prosecutors could come up with. His experience in the legal forum is significant and it shows.”

    - Canda Share
    Would hire him again!

    “Would hire him again! Really listened to our situation to help us the best he could.”

    - Gina Itor
    Exceptional representation!

    “It was great having such a knowledgeable and experienced counselor on my side. Understands the working of the system and puts that to good use for you. I highly recommend him for any criminal defense.”

    - Bubba Hagood
    They are worth every penny I emphatically say with all sincerity!

    “I couldn’t have had a better advocate in my corner for the fight of my life. I recommend strongly that if it’s your future at stake you turn to the Bailey Law office. They are worth every penny I emphatically say with all sincerity!”

    - Anonymous
/

Free Consultation

See How Our Award-Winning Firm Can Fight for You
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Featured Case Results

Only Hire an Attorney Who Gets Results

  • Child Rape, Jury Trial Not Guilty
  • Rape, Jury Trial Not Guilty
  • Bomb/Incendiary Device, Federal Jury Trial Not Guilty
  • RICO Prosecution of La Cosa Nostra Capo and Two Soldiers. Guilty
  • RICO Prosecution of LCN underboss, Capo and Two Soldiers. Guilty
  • Sexual Assault New Trial Motion Verdicts Reversed
  • Trafficking Guilty
  • Trafficking in Cocaine Guilty
  • Trafficking in Cocaine Guilty
  • Trafficking in Cocaine Guilty
/

See Why We Are Boston's Go-To Defense Firm

Brad Bailey Is Without Question One of the Most Experienced Criminal Defense Attorneys in Boston
  • Impressive Results Across the Nation
  • Team Approach to Handling Your Case
  • Experience as a Former Prosecutor
  • One of The Nation's Top Firms
  • 7 WHDW
  • WGBH
  • NBC Nightly News
  • 790 KABC
  • CNN
  • WCVB5 ABC
  • FOX 25
  • NBC
  • iHeart Radio
  • 90.9 wbur
  • NPR
  • KTLA
  • Boston 25
  • New England Cable News
  • Bloomberg News
  • Boston Globe
  • Boston Herald
  • New England Sports Network
/