Indecent Assault and Battery Lawyer in Malden, MA

Knowing what comes next removes some of the uncertainty that follows a sex-offense accusation. Massachusetts criminal cases move through a recognizable sequence, and each stage offers the defense something to do. Riccio Law provides an indecent assault and battery lawyer in Malden, MA, who can explain that sequence, from the first court appearance through trial and, if necessary, appeal.

From Arrest to Arraignment

A case may begin after an arrest or through an application for a criminal complaint. For qualifying complaint proceedings, a clerk-magistrate determines whether probable cause exists. A District Court case then begins by complaint, while Superior Court generally proceeds by indictment. Massachusetts grand juries may return an indictment only with the concurrence of at least 12 grand jurors, and at least 13 must be present to hear evidence.

At arraignment, the charge and plea are addressed, required advisories are given, bail or release conditions are determined, and the next dates are set. Depending on the charge and circumstances, the court may also hear a dangerousness motion under G.L. c. 276, § 58A.

An indecent assault and battery lawyer in Malden, MA, prepares for that possibility before the hearing, not after.

Discovery, Motions, and Resolution

After arraignment, the parties exchange discoverable material. Current Rule 14 gives the defense substantial automatic-discovery rights, including evidence favorable to you. At a pretrial conference, counsel and the prosecutor discuss discovery and resolution and identify contested issues. Pretrial motions follow, including motions to suppress, dismiss, or compel discovery.

Some cases resolve without trial. Whether that is appropriate depends heavily on the charge, your record, the evidence, and any statutory restrictions. Because indecent assault and battery appears on the list of sex offenses in G.L. c. 6, § 178C, a court accepting a plea must advise you that it may result in registration obligations. That warning should not be the first time you weigh the question.

Trial, Sentencing, and Appeal

If the case is tried, the Commonwealth bears the burden of proof. District Court typically uses six-person juries, and Superior Court uses twelve. Sentencing after a plea or conviction depends on the offense, statutory minimums and maximums, criminal record, and the sentencing arguments made.

A conviction is not always the end. Massachusetts appellate courts do not retry the case; they review the trial record for legal error and whether it affected the outcome. Under the amended appellate rules effective October 1, 2025, a criminal notice of appeal generally must be filed within 30 days of the relevant judgment or sentence, subject to the precise rule and tolling provisions in Appellate Procedure Rule 4.

Know Where You Stand

Riccio Law represents defendants in courts across Massachusetts. Our indecent assault and battery lawyer in Malden, MA, can tell you which stage your case is in, what the next hearing will decide, and what the defense should be doing now. Call us at (617) 404-8878 or contact us to schedule a consultation.

Our office number is (617) 404-8878.