At Nate Amendola Defense, our Massachusetts indecent assault and battery attorneys specialize in providing unparalleled legal representation for those individuals facing indecent assault and battery charges. Our experienced assault and battery lawyers in Massachusetts are committed to navigating you through the complexities of these cases, ensuring your rights are protected throughout the legal process.
Indecent assault and battery is a serious crime that involves specific elements 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.
We recognize the weight sexual assault 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.
The Legal Elements of Indecent Assault and Battery in Massachusetts
Indecent assault and battery is divided into two distinct categories under Massachusetts law based on the age of the alleged victim: one type specifically applies to cases involving persons 14 years of age or older, while the second type applies to cases involving children under the age of 14, with each category carrying different legal standards and potential penalties. A Massachusetts criminal defense lawyer can help you understand what type of indecent assault and battery applies to your case:
Type 1: Indecent Assault and Battery on a Child Age Fourteen or Older
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 Assault and Battery on a Child Under Fourteen 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 under 14 years of age at the time of the offense
A child under the age of 14 is presumed incapable of consenting.
For a free legal consultation with an indecent assault and battery lawyer serving Massachusetts, call (781) 740-0800
Similar Charges
- Indecent exposure
- Statutory rape
- Forcible rape of a child
Massachusetts Indecent Assault and Battery Lawyer Near Me (781) 740-0800
Possible Penalties for Indecent Assault and Battery Charges
Penalties differ significantly due to the victim’s age and whether the charges are first time assault and battery charges or subsequent.
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Type 1: Indecent Assault and Battery on a Child Age Fourteen or Older
First 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 Elderly 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 Assault and Battery Age 14 and Under
Basic Offense
State Prison: Not more than 10 years; OR
House of Corrections: Not more than 2.5 years (30 months)
Aggravated Indecent Assault and Battery Offense
State Prison: Life or any term of years. Mandatory Minimum: 15 years
Habitual Offender
State Prison: Life or any term of years. Mandatory Minimum: 15 years
A a habitual offender, or “repeat offender” is any adult or juvenile offender with a prior conviction of indecent assault and battery, assault of a child with intent to rape, forcible rape of a child, statutory rape, or adult rape.
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. The age of consent in Massachusetts is sixteen, meaning 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.
Is it Statutory Rape if Both Are Under 16?
Yes. The age of consent in MA also applies to minors who may engage in underage sex.
What is Assault and Battery?
Assault and battery in Massachusetts encompasses both attempted or threatened physical harm (assault) and actual harmful or unwanted touching (battery), as defined in Massachusetts General Laws Chapter 265, Sections 13A and 15A.
Can I Be Charged with Indecent Assault and Battery if I Didn’t Touch the Alleged Victim?
Yes. Case law has supported the concept that forcing a victim to commit indecent touching can result in an indecent assault and battery charge. Even if you never physically touched them.
Contact Our Massachusetts Indecent Assault and Battery Lawyer 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 Massachusetts indecent assault and battery 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 to schedule a detailed and confidential consultation, and let’s start building a strong defense together. Your future deserves the best defense–we’re here to provide it.
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