Facing charges of indecent assault and battery on a child under 14 in Massachusetts is a life-altering event. Such allegations can tarnish your reputation, jeopardize your freedom, and mandate you to register as a sex offender. At Riccio Law, we understand the gravity of these charges and are here to provide the expert legal defense you need.
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Understanding Indecent Assault and Battery Charges
In Massachusetts, indecent assault and battery on a child under 14 is a severe offense under Massachusetts General Laws Chapter 265 Section 13B. It’s crucial to comprehend what the law entails to mount an effective defense.
What Constitutes Indecent Assault and Battery?
- Assault and Battery: Intentional, non-consensual touching of another person without legal justification.
- Indecent Nature: Touching areas considered private, such as genitalia, buttocks, or breasts.
- Victim’s Age: The alleged victim must be under 14 years old at the time of the incident.
Important: Consent is not a defense when the victim is under 14 years old.
Potential Penalties and Consequences
A conviction can lead to:
- Imprisonment:
- Up to 2.5 years in a house of correction (if prosecuted in District Court).
- Up to 10 years in state prison (if indicted in Superior Court).
- Probation: With strict conditions and supervision.
- Sex Offender Registration: Mandatory listing with the Massachusetts Sex Offender Registry Board (SORB).
- Permanent Criminal Record: Affecting employment, housing, and personal relationships.
Contact us to protect your rights and freedom.
Understanding Sex Offender Registration Levels
After a conviction, offenders are classified into three levels by the SORB:
- Level 1 (Low Risk): Information not available to the public.
- Level 2 (Moderate Risk): Information available to the public and local police.
- Level 3 (High Risk): Information widely disseminated, including on the internet.
Classification Process
- Preliminary Classification: Offender receives notice and has 20 days to accept or request a hearing.
- Final Classification: Becomes public; offender must register accordingly.
- Right to Appeal: Offender can appeal the final classification in Superior Court within 30 days.
Why Choose Riccio Law for Your Defense
Expertise of Attorney Anthony R. Riccio
- Former Prosecutor: Unique insight into how the prosecution builds cases.
- Extensive Experience: Successfully defended numerous clients against sexual assault charges.
- Personalized Representation: Tailored defense strategies to your specific situation.
Experience matters. Trust your case to an attorney who knows both sides of the courtroom.
Immediate Steps to Take If Under Investigation
- Do Not Speak to Police: Exercise your right to remain silent.
- Avoid Self-Incrimination: Anything you say can be used against you.
- Contact an Attorney: Early legal intervention is crucial.
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Frequently Asked Questions
What Should I Do If Police Want to Question Me?
Politely decline and inform them you wish to consult with your attorney first.
Can Charges Be Dropped If the Alleged Victim Recants?
The prosecution can still pursue charges even if the alleged victim withdraws their statement.
How Long Will the Legal Process Take?
The timeline varies based on the complexity of the case, court schedules, and other factors.
Will I Have to Register as a Sex Offender Immediately After Charges Are Filed?
Registration typically occurs after a conviction, not merely upon being charged.
Can Past Convictions Affect My Current Case?
Yes, prior convictions can influence sentencing and classification levels.
Conclusion
Facing indecent assault and battery charges is daunting, but you don’t have to navigate this challenging time alone. Attorney Anthony R. Riccio is dedicated to providing aggressive and compassionate representation to protect your rights and future.
Your case deserves personal attention and a robust defense strategy
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