Boston Police Arrest Man For Attemtped Sexual Assault And Impersonating A Police Officer

According to a Boston Police news release police on September 17, 2008 Boston Police arrested 23 year old Royal Smith of Roxbury and charged him with Attempted Kidnapping, Armed Robbery, Impersonating a Police Officer and Attempted Sexual Assault.  The arrest stemmed from the following reports.

At 1:10 a.m. officers responded to a concerned citizen’s call reporting a sexual assault in Egleston Square in Jamaica Plain.  This person told police that while driving on Columbus Avenue he saw a woman crying.  He offered assistance and she told him that she had been sexually assaulted by a person she believed to be a police officer.  This belief was based on the fact that the assailant carried a gun, badge and radio.  The woman left the area and the police were never able to speak with her.  About 20 minutes later police in the Roxbury section of Boston observed a man and woman in an unlit school yard near Crawford Street.  The officers approached and found a BB gun and a police scanner in the man’s possession.   The woman stated that the man identified himself as a police officer and pulled a gun from his waist area.  He brandished the weapon and made a sexually suggestive threat.   The man was arrested. 

The crimes Smith has been charged with are summarized as follows:

  • Impersonating a police officer.  Massachusetts General Laws Chapter 268, Section 33 makes impersonating a police officer a crime in Massachusetts.  The potential punishment for a conviction of this crime is one year in jail. 
  • Attempted kidnapping.  Punishments for Attempts to commit crimes in Massachusetts are governed by Massachusetts General Laws Chapter 274 Section 6.  In this case the maximum penalty is 5 years in prison.  This is because the crime that Smith is accused of committing, kidnapping, is punishable by a maximum sentence of life in prison.
  • Armed Robbery. The crime of armed robbery in Massachusetts requires the prosecution to prove that the defendant, while being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny.  There is a potential life sentence for armed robbery.   If the defendant commits this offense while being masked there is a minimum 5 year state prison sentence and if this is a second such offense then the defendant will be required to serve 10 years in prison if convicted.  If the armed robbery is committed while armed with a firearm a conviction mandates 5 years in prison.  A second offense for this section of the armed robbery statute mandates a 15 year sentence. 
  • Attempted sexual assault.  This could mean virtually anything that fits within the Massachusetts sexual assault laws.  The press release is unclear as to what type of conduct Smith attempted to force the woman to perform.  The attempted act could be a rape, an assault with the intent to commit rape, an indecent assault and battery an more. 

Our office defends people accused of committing all of the crimes for which Royal Smith might be charged.  Massachusetts Sex Crimes Defense Attorney Stephen Neyman has tried and won many cases where the charges are identical or similar to those that the Boston Police claim Smith committed.  Our office has also had similar cases dismissed before going to trial.  We are available 24 hours per day 7 days per week to talk to you about any sex crime for which you might have been charged.  Call us now to discuss your case.  Law Offices of Stephen Neyman, P.C.