Defending An Indecent Assault and Battery Case in Massachusetts


Defending An Indecent Assault and Battery

The mere words “indecent assault and battery” are troubling to anyone reads about this crime. The general title of the offense suggests that a serious sex crime has occurred. The prosecution can prove an indecent assault and battery anytime the accused touches someone on a portion of the anatomy understood to be private. Kissing someone on the mouth can in some circumstances satisfy the prosecution’s burden of proof. This at times makes defending an indecent assault and battery a difficult task. This post examines some things to consider when defending someone against these charges.

A Conviction Will Have Sex Offender Registry Consequences

Anyone convicted of this type of sex crime must register with the Massachusetts Sex Offender Registry Board (SORB). This crime is a felony. Your classification level can be very subjective and at time arbitrary. Although SORB has guidelines it must follow there is no uniformity among the decisions for the level of classification. In other words, someone convicted of an indecent A & B might be classified as a level two offender and someone similarly situated might be a level three. However, if the case is continued without a finding (CWOF) the sex offender registration requirements are not triggered. Getting a lawyer who is adept at getting these cases continued without a finding or getting acquittals becomes imperative for anyone who wants to avoid having to register as a sex offender.

You Will Be Required to Wear a GPS Device As Long As You Are On Probation

A recently passed Massachusetts law requires anyone convicted of an indecent assault and battery to wear a GPS device during the pendency of probation. This applies for anyone whose case is continued without a finding as well. The applicable law is G.L. c. 265 Section 47. This law is not currently applied uniformly. Some probation departments follow this law even where a CWOF was imposed. Others do not. Thus, at times you might want to discuss with your lawyer the possibility of having the prosecution remove the “indecent” tag and charge you with a simple assault and battery. When this happens you don’t have to worry about the GPS device and its accompanying hardships.

A Conviction Will Result in Restrictions on Your Social and Parenting Activities

Just about every city and town in Massachusetts requires school volunteers or youth sports coaches to sign a release for access to your CORI. A conviction for a sex offense such as indecent assault and battery will show up on your probation printout. You will not be able to coach or to volunteer at your child’s school. A CWOF for this crime is not likely to result in the same restrictions particularly once the probationary period terminates. Regardless, this is something you want to discuss in detail with your lawyer before resolving your case.

For nearly three decades Attorney Stephen Neyman has been defending sex crimes in Massachusetts. Our results speak for themselves. We encourage you to call us if you have been charged with a crime. We can be reached 24/7 at 617-263-6800 or you can contact us online.