Defense For Indecent Assault And Battery On A Child Under 14 Cases In Boston
Sex offenses, particularly those involving minors, carry significant penalties in Massachusetts. Seeking immediate assistance from an experienced defense attorney is crucial to protecting your rights and freedom.
At Carney, Gaudet & Carney, we understand the gravity of these charges and their life-altering consequences for our clients in Boston and counties like Middlesex, Essex and Norfolk. With over five decades of legal experience, we employ a tailored strategy to defend against any charges, helping ensure your rights are upheld.
What Is The Prosecution’s Burden Of Proof?
For an indecent assault and battery conviction involving a child under 14, a prosecutor must prove the following six elements beyond a reasonable doubt:
- The victim was under 14 years old.
- The defendant intended the touching.
- The defendant executed the touching.
- The touching was harmful or offensive.
- The touching was indecent.
- There was no justification or excuse for the touching.
It’s important to note that lack of consent is not necessary to prove conviction in cases involving indecent assault and battery on a child under 14. Due to the vulnerable nature of minors, the focus is on the defendant’s actions and intent rather than the child’s consent.
What Are The Penalties For An Indecent Assault And Battery Conviction In Boston?
The penalties for an indecent assault and battery conviction in Massachusetts can include up to 10 years in state prison or up to 2.5 years imprisonment in a house of correction, along with mandatory registration as a sex offender.
How Can A Boston Sex Crime Defense Attorney Help Me?
If you are facing sex crime charges, hiring a skilled Boston sex crime defense attorney is essential. A lawyer can:
- Protect your civil rights
- Build a strong defense strategy
- Thoroughly investigate both the allegations and your side of the story
- Challenge the prosecution’s evidence
- Present a strong defense at trial
- Negotiate plea agreements with the prosecution
Our nationally recognized criminal defense attorney can help protect your rights and deliver the best possible outcome for your case.
Get Peace Of Mind With An Unmatched Defense
Contact Carney, Gaudet & Carney at 617-830-6760 or complete our online form to schedule your initial consultation – the faster, the better.
Case Result
Indecent assault & battery on a person over 14
Result: Prosecutor dismisses all charges prior to trial and record expunged
Our client, a hospital worker, was accused of sexually assaulting his landlord and former roommate in their apartment. Working with investigators, Attorney Nat Carney obtained surveillance footage that showed the alleged assault could not possibly have occurred. Attorney Carney presented this evidence to the prosecutor, who wisely dismissed all charges. Attorney Carney also filed a petition expunge this criminal record due to the fraud on the court committed by the alleged victim. The court granted the expungement, and all records of this case have been destroyed. Client returned back to work and still has no criminal record.