MA INDECENT ASSAULT AND
BATTERY DEFENSE LAWYER


RECENT SEXUAL ASSAULT TRIAL VICTORY
The Client was a clerk at a local convenience store. The Police charged the Client with committing indecent assault and battery on two separate teenage girls that had frequented the Client’s store. The Client was alleged to have given the girls free soda and candy over a year long period and had sexually assaulted each girl on separate occasions. The Client was arrested and charged with two counts of indecent assault and battery. When arrested, the Client allegedly confessed to the charges.
RESULTS: NOT GUILTY AFTER TRIAL


Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

Even if you are a first time offender, an Indecent Assault and Battery conviction in Massachusetts carries one of the greatest risks for serving a very long state prison sentence, in addition to spending a lifetime as a registered sex offender. However, false accusations unfortunately are frequently made against innocent people and result in prosecutors issuing bizarre and illogical indecent assault and battery charges that can turn the accused person's life upside down in an instant.

SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE

Attorney James Powderly defends individuals charged with the following Massachusetts Indecent Assault and Battery crimes:

Indecent Assault and Battery on Person Fourteen (14) and Older
Indecent Assault and Battery on Mentally Retarded Person
Indecent Assault and Battery on Person Under Fourteen (14)

MA INDECENT A&B PENALTIES

Indecent Assault and Battery is an incredibly serious charge that will result in long prison sentences and hefty fines upon conviction. In addition, if you are found guilty, you will be required to register as sex offender for the rest of your life. This means that every year you must provide your name and address to your local police department. Furthermore, your reputation will be destroyed. You will be prohibited from holding certain professions, and may have difficulty finding housing or obtaining a loan. You will also be prohibited from spending time alone with children, even if they are your own kids.

MA INDECENT A&B DEFENSE STRATEGY

Each case has different facts and will require a unique approach. We analyze the case and determine the most effective presentation of your case. Our sex crimes defense attorneys work hard to develop an effective indecent assault and battery defense strategy.

• We utilize DNA experts to challenge the validity of any DNA evidence.
• When a case lacks DNA evidence, we use this fact to our client's advantage.
• We listen to our client's the story. Was the act consensual?
• Did the police violate our client's rights by coercing a confession?
• Was the accuser known for making false accusations?

Your reputation can be seriously damaged by allegations of Indecent Assault and Battery. Society is quick to jump to conclusions. We fight to protect your rights, preserve your freedom and preserve your reputation. Click Here to schedule a free initial consultation.

DEFENSE OF INDECENT A&B ON PERSON UNDER 14

There are four elements the Commonwealth must prove:
1. The alleged victim was at least fourteen years old at the time of the offense;
2. The defendant committed an assault and battery on the alleged victim. An A&B is the intentional touching of another person, without justification or consent.
3. The Commonwealth must prove the A&B was "indecent". An A&B is "indecent" if it involves touching parts of the body commonly thought of as private, such as genitals, buttocks and a woman’s breasts.
4. The Commonwealth must prove the alleged victim did not consent.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery 14 and Older

First Offense Penalties
1. Felony.
2. State Prison up to Five (5) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the victim is 60 years or older or disabled as defined in Section 13K
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the Defendant is convicted of a second or subsequent offense
1. Felony.
2. State Prison up to Twenty (20) Years.
3. Sex Offender Registration.

Chapter 265: Section 13H.
Indecent Assault and Battery on Person Fourteen or Older; Penalties

Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or
CLICK HERE

MA Indecent Assault and Battery Mentally Retarded Person

First Offense Penalties
1. Felony.
2. State Prison Five (5) to Ten (10) Years.
3. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison not less than Ten (10) Years.
3. Sex Offender Registration.

Chapter 265: Section 13F.
Indecent Assault and Battery Mentally on Retarded Person; Assault and Battery

Whoever commits an indecent assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a mentally retarded person upon another mentally retarded person.

Whoever commits an assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or
CLICK HERE

MA Indecent Assault and Battery on Child Under Age of 14

WARNING!! In a prosecution under this section, 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.

First Offense Penalties
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison Up to Life.
3. Sex Offender Registration.

Chapter 265: Section 13B.
Indecent assault and battery on child under age of 14; Penalties

Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

In a prosecution under this section, 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 a MA Indecent A&B Lawyer at (508) 343-0676 or
CLICK HERE

Attorney James Powderly defends individuals facing Massachusetts Indecent Assault and Battery Charges in: Allston, Arlington, Belmont, Boston, Braintree, Brighton, Brockton, Brookline, Cambridge, Charlestown, Dedham, Everett, Fall River, Framingham, Gloucester, Hyde Park, Jamaica Plain, Lawrence, Lexington, Lowell, Lynn, Malden, Medford, Middlesex County, New Bedford, Needham, Newton, Norfolk County, Plymouth, Quincy, Revere, Roxbury, Salem, Saugus, Somerville, South Boston, Springfield, Suffolk County, Taunton, Walpole, Waltham, Wareham, Watertown, West Roxbury, Winchester, Worcester, Worcester County and Wrentham.
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POWDERLY
LAW OFFICE

ATTORNEY JAMES POWDERLY
TELEPHONE (508) 343-0676


           
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