Facing a charge of indecent assault and battery in Massachusetts is a serious matter that requires immediate and strategic legal action. As a Massachusetts criminal attorney, I understand the gravity of these allegations and the profound impact they can have on your life. This comprehensive guide aims to provide clarity on the legal definitions, potential defenses, jury instructions, and frequently asked questions related to indecent assault and battery charges in Massachusetts.
Understanding Indecent Assault and Battery in Massachusetts
Under Massachusetts General Laws Chapter 265, Section 13H, indecent assault and battery is defined as the intentional, unjustified touching of another person’s private areas without their consent. These private areas typically include the breasts, buttocks, and genital areas. The law considers such conduct indecent when it violates societal norms and contemporary moral values.
Legal Elements the Prosecution Must Prove
To secure a conviction for indecent assault and battery on a person aged fourteen or older, the prosecution must establish the following elements beyond a reasonable doubt:
- Intentional Touching: The defendant intentionally touched the alleged victim without legal justification or excuse.
- Indecent Nature: The touching was indecent, involving areas considered private.
- Lack of Consent: The alleged victim did not consent to the touching.
It’s important to note that for victims under the age of fourteen, consent is not a defense, as minors are legally incapable of consenting to such conduct.
Potential Penalties Upon Conviction
A conviction for indecent assault and battery carries severe consequences, including:
- Incarceration: Up to five years in state prison or up to two and a half years in a house of correction.
- Sex Offender Registration: Mandatory registration with the Massachusetts Sex Offender Registry Board, which can lead to significant personal and professional ramifications.
- Probation and Restrictions: Potential imposition of strict probation terms, including GPS monitoring and restrictions on employment and residence.
Defending Against Indecent Assault and Battery Charges
Mounting a robust defense against indecent assault and battery charges involves a thorough examination of the facts and circumstances surrounding the allegations. Common defense strategies include:
- Mistaken Identity: Challenging the accuracy of the alleged victim’s identification of the defendant.
- Consent: Demonstrating that the alleged victim consented to the touching. This defense is only applicable when the alleged victim is over the age of fourteen.
- Lack of Intent: Arguing that the touching was accidental or inadvertent, lacking the requisite intent for a criminal offense.
- False Allegations: Exposing motives for the alleged victim to fabricate the allegations, such as personal vendettas or financial gain.
Indecent Assault and Battery Jury Instructions
In Massachusetts, jury instructions for indecent assault and battery are designed to ensure that jurors understand the legal standards they must apply when deliberating a case. The key components of these instructions include:
- Definition of Assault and Battery: Jurors are informed that assault and battery involves the intentional touching of another person without legal justification or excuse.
- Definition of ‘Indecent’: The term “indecent” is explained as conduct that is fundamentally offensive to contemporary standards of decency, typically involving the touching of private areas commonly thought to be private.
- Consent: Jurors are instructed that the prosecution must prove beyond a reasonable doubt that the alleged victim did not consent to the touching. For victims under fourteen, consent is not a consideration, as they are deemed incapable of consenting by law.
- Intent: The prosecution must demonstrate that the defendant intended to engage in the touching, meaning it was not accidental or inadvertent.
These instructions are crucial in guiding the jury to a fair and just verdict based on the evidence presented and the applicable law.
Case Example: Recent Victory
To illustrate the importance of a robust defense, consider a recent case where a property owner was charged with four counts of indecent assault and battery. The allegations included non-consensual touching of a tenant’s private areas. After a thorough investigation and strategic defense, the defendant was acquitted of all charges. This outcome underscores the necessity of experienced legal representation in navigating such serious accusations.
Frequently Asked Questions (FAQs)
What should I do if I’m accused of indecent assault and battery?
Immediately contact an experienced criminal defense attorney. Do not discuss the allegations with anyone, especially law enforcement, without legal representation.
Will I have to register as a sex offender if convicted?
Yes, a conviction for indecent assault and battery requires mandatory registration with the Massachusetts Sex Offender Registry Board.
Can the charges be dropped if the alleged victim wants to withdraw their complaint?
The decision to prosecute lies with the District Attorney’s office, not the alleged victim. However, the victim’s willingness to participate can impact the case.
How long will the legal process take?
The duration varies based on the complexity of the case, court schedules, and other factors. Your attorney can provide a more accurate timeline after reviewing your case.
What are the chances of avoiding jail time?
Outcomes depend on the specifics of your case, including evidence and legal defenses. An experienced attorney will work to minimize penalties and explore alternatives to incarceration.
Call Massachusetts Criminal Attorney Patrick Donovan Today
If you’ve been charged with indecent assault and battery in Massachusetts, you need a skilled defense attorney on your side. Attorney Patrick Donovan has years of experience successfully defending clients against serious criminal charges. Don’t face this alone—call Patrick Donovan today at pdonovanlaw.com for a free consultation and start building your defense now.
