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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.”
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
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:
- That the alleged victim was at least fourteen years of age at the time of the alleged offense.
- 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.
- Prove beyond a reasonable doubt that the assault and battery was “indecent” as that word is commonly understood, measured by common understanding and practices.
- 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 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 and Commonwealth 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 indecent assault and battery attorneyfor a free consultation!
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