Brockton Defense Attorneys – Indecent Assault and Battery on a Person Over 14
About Charges of Indecent Assault and Battery on a Person Over 14
Massachusetts law is fairly clear and lengthy about many serious crimes—but the statute concerning indecent assault and battery on a person over 14 is extremely brief, and does not explain what constitutes an “indecent” offense. For that, you have to turn to the instructions handed out to Massachusetts juries, which define “indecent” behavior as the inappropriate touching of a person’s genital area, buttocks, or (in the case of females) breasts in a way that is “fundamentally offensive to contemporary standards of decency.”
Our experienced sex crimes defense attorneys understand how prosecutors think, and how words and intentions can be misinterpreted — and more importantly, that each case must be carefully considered based on the context of the situation. For example, patting someone on the buttocks is sometimes considered harmless horseplay in certain settings (i.e., during sports), but not in other situations.
Criminal Penalties for a Conviction of Indecent Assault and Battery on a Person Over 14
The most serious sexual offense short of rape, a first-time conviction for indecent assault and battery on a person over 14 carries some stiff penalties: up to five years in state prison or 30 months in jail. If the victim is elderly or developmentally disabled, that can result in 10 years in prison, and a second or subsequent conviction can dictate a sentence of up to 20 years. (Massachusetts treats underage victims using a different, albeit still somewhat vague, statute of the law, indecent assault and battery on a child under 14.)
Because of the vague definition of what constitutes an indecent assault and battery, it is possible for a completely innocent person to be prosecuted under this law as the result of a simple misunderstanding. If you have been unfairly accused of indecent assault and battery on a person over 14, the attorneys at The Noonan Defense Firm may be able to have the charges dismissed pending payment of a fine and completion of a period of probation—and failing that, will do their best to present exculpatory evidence and/or the testimony of eyewitnesses.
Charged With Indecent Assault & Battery? Get a Free Consultation With An Experienced Brockton Criminal Defense Attorney
As a criminal defense attorney alone, Gerald J. Noonan has successfully handled more than 340 criminal trials. Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you in any legal matter including indecent assault and battery charges.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.