Indecent Assault and Battery

Unparalleled Defense Lawyers for Indecent Assault and Battery Charges

Sex crimes and violent crime accusations are taken seriously by prosecutors and are often punished especially harshly. When you’ve been charged with a crime like indecent assault and battery, you may be terrified about your future. It is important to seek knowledgeable and trustworthy legal representation, even before charges are filed, if possible. If you are facing allegations of indecent assault and battery, you should call experienced sex crimes lawyers Murat Erkan and Ryan P. Sullivan. We have more than forty years of combined experience both as former prosecutors and private defense attorneys. We bring strong insights and knowledge of how prosecutors and judges think about cases in order to build the best defense possible for the accused.

Indecent Assault and Battery Attorney

There are two kinds of indecent assault and battery charges. Generally, these are crimes involving the inappropriate touching of another person. They are charged as felonies, which means the penalties can be harsh. In order to arrest you, police will only need probable cause of the crime.

At trial, the prosecutor will need to prove the elements of the criminal charge beyond a reasonable doubt— a higher standard—but you should be aware that the state has significant resources at its disposal when building a case against you, which is why it is so critical that you retain knowledgeable counsel.

Massachusetts prosecutors can obtain a conviction for indecent assault and battery if they are able to prove each of the following beyond a reasonable doubt: (1) the alleged victim was under 14 years of age when he or she was touched, (2) you touched the alleged victim without an excuse or legal justification on purpose, and (3) the touch is considered indecent. Acts are considered indecent when they are deemed fundamentally offensive to our current standards of decency. In most cases, acts considered indecent involve touching a private area of the victim’s anatomy. When a victim is under age 14, it doesn’t matter if you believe you had consent; those under age 14 are deemed by the law unable to give consent.

However, prosecutors can also secure an indecent assault and battery conviction if they can show you committed an indecent assault and battery against someone who is 14 or older. With those charges, the prosecutor will needs to show: (1) you perpetrated an assault and battery on an alleged victim, (2) the intentional touch, or assault and battery, was “indecent”, and (3) the alleged victim did not consent to that touch.

Criminal Record for Indecent Assault and Battery in Massachusetts

If you are convicted of indecent assault and battery on a victim aged 14 or older, you will face harsh penalties under Massachusetts General Laws, Chapter 265 Section 13H. If the alleged victim was 14 or older, you could face state prison for up to 5 years, or incarceration in a house of correction for up to 2.5 years.

Under Section 13B, when the alleged victim on the case for which you were convicted is a child under age 14, you could be sentenced to state prison for up to 10 years, or imprisonment in a house of correction for up to 2.5 years. Likewise, penalties are harsher if you are convicted of committing an indecent battery against an elderly or disabled person.

In addition, you will have a criminal record. You’ll be required to submit a sample of your DNA to a database, and the government can count the conviction against you as a sexual offense for civil commitment as a sexually dangerous person.

Consult Erkan and Sullivan, Results-Oriented Sex Crimes Lawyers

If you were charged with indecent assault and battery in Boston, you should call seasoned and effective sex crimes attorneys Murat Erkan and Ryan P. Sullivan. We have more than forty years of experience in Lawrence, Lowell, Boston and the surrounding areas and will investigate every angle of your case to provide you with the best defense possible. Call us today at (978) 474-0054 or get in touch through our online form to schedule your consultation.