At Nate Amendola Defense, we specialize in providing unparalleled legal representation for those accused of indecent assault and battery in Massachusetts. This charge, a serious criminal offense involves specific elements that the prosecution must prove beyond a reasonable doubt. Firstly, it requires intentional and unjustified physical contact, which can mean any unwanted or offensive touching, not just physical harm. Secondly, the act must be considered indecent, defined by societal norms as sexually inappropriate or offensive. Understanding these nuances is crucial, as the implications of such charges are significant, affecting your life and reputation profoundly.
Our experienced attorneys are committed to navigating you through the complexities of these cases, ensuring your rights are protected throughout the legal process. We recognize the weight these charges carry and are dedicated to offering a strong defense, combining legal intelligence with a deep understanding of the law’s intricacies. At Nate Amendola Defense, clarity and expertise are our hallmarks as we guide you through each step of your legal journey.
Legal Elements
Indecent assault and battery is broken up by age into two types. The first type of indecent assault and battery is defined under General Laws Chapter 265, Section 13H. The second type of indecent A&B is defined under General Laws Chapter 265, Section 13B.
Type 1: Indecent A&B Over 14 Years Old
In Massachusetts, the Commonwealth must prove beyond a reasonable doubt the defendant:
- Committed an assault and battery;
- Was “indecent” in nature;
- The alleged victim did not consent; and
- The alleged victim was at least 14 years of age at the time of the offense
Type 2: Indecent A&B Under 14 Years Old
In Massachusetts, the Commonwealth must prove beyond a reasonable doubt the defendant:
- Committed an assault and battery;
- Was “indecent” in nature; and
- The alleged victim was at under 14 years of age at the time of the offense
A child under the age 14 is presumed incapable of consenting.
For a free legal consultation with an indecent assault and battery defense lawyer serving Massachusetts, call (781) 740-0800
Different Penalties for Indecent A&B
Penalties differ significantly due to the age of the victim and if it’d the defendant’s first offense or consecutive offense.
Massachusetts Indecent Assault And Battery Defense Lawyer Near Me (781) 740-0800
Type 1: Indecent A&B Age 14 & Over
Basic Offense
State Prison: Not more than 5 years (60 months); OR
House of Corrections: Not more than 2.5 years (30 months)
Subsequent Offense
State Prison: Not more than 20 years
Disabled or Elder Alleged Victim
State Prison: Not more than 10 years; OR
House of Corrections: Not more than 2.5 years (30 months)
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Type 2: Indecent A&B Age 14 & Under
Basic Offense
State Prison: Not more than 10 years; OR
House of Corrections: Not more than 2.5 years (30 months)
Aggravated Offense
State Prison: Life or any term of years. Mandatory Minimum: 15 years
Prior Offender
State Prison: Life or any term of years. Mandatory Minimum: 15 years
A prior offender is any adult or juvenile with a prior conviction of indecent A&B, assault of a child with intent to rape, forcible rape of a child, statutory rape, or adult rape.
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Frequently Asked Questions
What is the Age of Consent in Massachusetts?
The law allows a 14-year-old to consent to sexual touching but not intercourse. A person must be 16 years or older to consent to sexual intercourse. One difference between the two types is the issue of consent. Someone under the age of 14 is incapable of consenting to sex or any kind of sexual touching. However, someone over 14 can consent to sexual touching. This makes consent one of the elements that the Commonwealth must deal with. This only applies to sexual touching, not intercourse. NO person under 16 is capable of consenting to intercourse.
Can I be Charged with Indecent A&B if I Didn’t Touch the Alleged Victim?
Yes. Case law has supported the concept that forcing a victim to commit the indecent touching can result in an indecent A&B charge. Even if you never physically touched them.
Similar Charges
- Assault and Battery
- Indecent Exposure
Contact Our Massachusetts Criminal Defense Team Today
Facing charges of indecent assault and battery can be a daunting experience, but you don’t have to face it alone. At Nate Amendola Defense, we’re more than just your legal team; we’re committed to ensuring your voice is heard and your rights are fiercely defended. Our experienced attorneys understand the stakes and are prepared to delve into the complexities of your case to seek the most favorable outcome. We invite you to reach out and share your story with us. Contact Nate Amendola Defense now, at 781-650-6785, to schedule a detailed and confidential consultation, and let’s start building a strong defense together. Your future deserves the best defense, and we’re here to provide it.
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