Facing indecent assault and battery charges can be life-altering. In Massachusetts, these allegations carry severe penalties, including imprisonment and mandatory sex offender registration. Protect your future by securing an experienced defense attorney who knows how to navigate these complex cases.
At Riccio Law, Attorney Anthony R. Riccio brings his expertise as a former prosecutor to aggressively defend your rights.
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Understanding Indecent Assault and Battery Charges
Being charged with indecent assault and battery on a person aged 14 or over is a serious matter in Massachusetts. Understanding the nature of these charges is the first step in building a strong defense.
What Is Indecent Assault and Battery?
Indecent assault and battery involves the intentional, non-consensual touching of another person’s private areas, such as the breasts, buttocks, or genitalia. Unlike other assault charges, indecent assault and battery carries the added stigma of a sex crime.
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish beyond a reasonable doubt each of the following elements:
Assault and Battery
The defendant intentionally touched the alleged victim without legal justification or excuse.
Indecent Nature
The touching was indecent, involving areas considered private.
Lack of Consent
The alleged victim did not consent to the touching.
Note: Consent is a crucial factor, especially when the alleged victim is 14 or 15 years old.
Potential Penalties and Consequences
A conviction can lead to severe legal and personal repercussions:
- Imprisonment
- Up to 5 years in state prison if prosecuted in Superior Court.
- Up to 2.5 years in a house of correction if prosecuted in District Court.
- Sex Offender Registration
- Probation and Restrictions
- Strict probation terms, including possible GPS monitoring and restrictions on employment and residence.
Impact of Sex Offender Registration
Registration affects every aspect of your life:
- Employment: Difficulty finding or maintaining a job.
- Housing: Restrictions on where you can live.
- Social Stigma: Publicly accessible records can lead to social isolation.
SORB Classification Levels:
- Level 1: Low risk of reoffense.
- Level 2: Moderate risk of reoffense.
- Level 3: High risk of reoffense.
The Importance of Immediate Legal Representation
If you’re under investigation or have been arrested, it’s critical not to speak with law enforcement without an attorney.
Why You Shouldn’t Talk to the Police Alone
- Self-Incrimination Risk: Anything you say can be used against you.
- Misinterpretation: Innocent statements can be misconstrued.
- Legal Guidance: An attorney ensures your rights are protected.
Attorney Anthony Riccio can intervene early, potentially preventing charges from being filed.
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How Riccio Law Can Help
With a background as a former prosecutor, Attorney Anthony Riccio offers unique insights into the prosecution’s strategies.
Experience and Expertise
- Extensive Trial Experience: Proven track record in criminal defense.
- Personalized Defense Strategies: Tailored to the specifics of your case.
- Aggressive Representation: Committed to achieving the best possible outcome.
Frequently Asked Questions (FAQs)
What should I do if I’m accused of indecent assault and battery?
Immediately contact an experienced criminal defense attorney. Do not discuss the allegations with anyone, especially law enforcement, without legal representation.
Will I have to register as a sex offender if convicted?
Yes, a conviction for indecent assault and battery requires mandatory registration with the Massachusetts Sex Offender Registry Board.
Can the charges be dropped if the alleged victim wants to withdraw their complaint?
The decision to prosecute lies with the District Attorney’s office, not the alleged victim. However, the victim’s willingness to participate can impact the case.
How long will the legal process take?
The duration varies based on the complexity of the case, court schedules, and other factors. Your attorney can provide a more accurate timeline after reviewing your case.
What are the chances of avoiding jail time?
Outcomes depend on the specifics of your case, including evidence and legal defenses. An experienced attorney will work to minimize penalties and explore alternatives to incarceration.
Conclusion and Call to Action
Facing indecent assault and battery charges is overwhelming, but you don’t have to face it alone. Attorney Anthony Riccio is dedicated to providing the aggressive and compassionate representation you need.
Your future is at stake—take action now.
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