Massachusetts Legal Developments Blog

Massachusetts Legal Developments Blog

Holiday Gifts and Thieves

The holiday season is a joyous time of cheer and merriment, but it also can be a dangerous time when criminals break into homes or cars to steal presents. Breaking into cars as people shop for gifts always increase during the holiday season. Law enforcement suggests shoppers follow these rules to keep their presents save inside the car and away from holiday thieves.

  • Park your car in a well-lit and traveled area

  • Keep your car doors locked

  • Keep expensive items out of view

  • Put Christmas gifts in the trunk of car

  • Do not leave keys in the car

If you are charged with “breaking and entering” a car, home, or other personal property, the consequences can be serious. You should contact a criminal defense attorney immediately to learn your legal options.

Penalties will vary for "breaking and entering" into another person's home or personal property. It depends on the time of day the incident occurred. When the crime happened at night, the penalties may include up to 20 years in prison.

If the "breaking and entering" happened during the day hours, the perpetrator can get up to 10 years in prison. If the perpetrator was carrying a firearm, the penalties increase to a minimum of five years in prison.

To be convicted of “breaking and entering," it must be proven beyond a reasonable doubt that the following elements took place.

  • The perpetrator committed the crime during a particular time (night or day).

  • The perpetrator did break into a building, ship, vessel, or vehicle belonging to another person.

  • The perpetrator entered a building, ship, vessel, or vehicle belonging to another person.

  • The perpetrator had intent to commit a felony.

In the Commonwealth, it is also illegal to create or carry burglary tools with the intent to use them in a crime or allow these instruments to be used in a crime. These instruments could be tools for prying open doors, windows, vaults or other materials used for entry or stealing from the personal property of another person. The penalties for possessing a burglary tool with intent to use it may include up to 10 years in prison.

A crime that is associated with "breaking and entering" is trespass. To be charged with trespass, one must knowingly enter a private property or structure without any authority to enter the property or dwelling. Even though there is no intent to commit a crime inside, the unlawful entry of trespass is a crime by itself. You can be charged or arrested. Penalties for trespass include up to 30 days in jail, along with a fine or both.

If you have been accused of "breaking and entering" or a similar crime, you should immediately consult a criminal defense attorney. The consequences can be devastating and may include significant jail or prison time and fines. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Halloween Pranks and Crimes

 

The little monsters, ghosts, and goblins will be out for a trick or treat on Halloween night, but there will also be criminals searching for opportunities to commit serious crimes. Here are a few Halloween pranks that can get you into heaps of trouble with the law on October 31st.

Vandalism, or destroying property, is a Halloween prank that can get your kids or you in trouble with the police. Egging a house may leave permanent damage, and owners may get mad and file a lawsuit against you. Even toilet papering a building could have legal consequences. Vandalism can carry very stiff penalties in the Commonwealth. If you have been accused of vandalism or destroying someone's property, you should speak with a criminal defense attorney and get legal help.  

Slashing tires or painting a car with shaving cream or toothpaste can be grounds for a visit to the local police headquarters. Halloween pranks may seem fun at the time, but they are illegal and can have severe legal outcomes.

Many communities have established curfews for Halloween night, and youngsters who do not take heed of these curfews may find themselves in trouble. Stealing a street sign or taking Halloween ornaments from a neighbor's yard may seem harmless, but these activities are considered crimes.

On Halloween night, college students may be more likely to consume alcohol while attending Halloween parties, and drunk driving and other alcohol-related offenses can rise during these celebrations. In the Commonwealth, driving under the influence of alcohol is a crime. In Massachusetts, the maximum blood alcohol level is 0.08% for adults drivers and 0.02% for a driver who is under 21 years of age. It is illegal for persons under 21 to drink alcohol. If you are charged with an alcohol-related offense (OUI/DUI) or underaged drinking, you should speak with an experienced criminal defense attorney.

If your adolescent child or teenager is involved in Halloween pranks and crimes, he or she can face serious consequences such as being detained by the juvenile court system, community service, probation, fines, and possibly a blemish on his or her public record for life. Adults who commit these crimes may face stiffer penalties that could include hefty fines and possible jail time.

Halloween can be a fun time, but it also can be a dangerous time for children who participate in the annual Night of Mischief. The website of The National Crime Prevention Council (NCPC) provides safety tips for parents to ensure their children are safe on Halloween night. NCPC suggests the following safety tips:

  • Older kids should trick-or-treat in groups; kids walking around alone are never as safe as those in groups, and especially not at night. Younger kids should be accompanied by a parent or trusted neighbor.

  • Review the route for trick-or-treating beforehand and set a time set when kids should be home. Also, have a plan if your child gets separated from his or her friends or from you.

  • Remind your children not to enter strange houses or cars.

  • Remind your children not to eat treats until they have come home. To help ensure this, feed them a meal or a substantial snack before they go out.

  • Check all treats at home in a well-lighted place. Be especially wary of anything that is not wrapped by the factory or that is no longer sealed.

  • Remind kids not to eat everything at once, lest they be green even without the makeup

  • Ask your Neighborhood Watch or local citizen’s group to haunt (patrol) your community.

  • Report any suspicious or criminal activity to your police or sheriff’s department.

If you have been a victim of a Halloween prank or crime, you should call your local law enforcement for help. If you or your child has been accused of a Halloween crime, you should immediately consult a criminal defense attorney.

The consequences can be devastating and may include severe punishment or hefty fines, maybe both. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

 

Tags: 
Criminal Defense

Citations and the Law

In the Commonwealth of Massachusetts, individuals who commit a driving violation will receive a citation that may require an appearance in court, payment of a fine, loss of license, or jail time. However, G.L. c. 90C, § 2 states that a defendant should receive a copy of that traffic citation during the time and location of the violation or within a reasonable amount of time to determine the violation. When an improper or untimely citation is issued by the police, it can be used as a defense by the defendant. In fact, it could establish a motion for dismissal of the violation. If this happens to you, please hire a criminal defense attorney.

G.L. c. 90C, § 2, is commonly known as the "no-fix" law. It was created to reduce the risk of police manipulation of citations and to offer a notice to defendants of possible criminal charges. To use this as a defense or strategy for dismissal, you should consult with an experienced criminal defense attorney, who can outline a distinctive plan for your particular case. He can examine all factors that may result in a dismissal.

Major violations of Massachusetts traffic laws may include citations for driving while intoxicated or leaving the scene of an accident. These two incidents will carry harsh penalties in the Commonwealth. Minor traffic violations that may result in a citation may include driving too fast (speeding), driving too slow. or not observing traffic signs or signals correctly.

If an individual commits an act that warrants a citation, the police officer will not arrest the individual. However, you are required to identify yourself. When the police officer issues a citation, you will have to sign it. Signing a citation is not an admission of guilt. Your signature means that you received the citation and understand its terms. If you do not sign the citation, the police officer can charge you with a refusal to sign the citation.  The citation will also provide information about the time and location of your court appearance. You should remember to remain quiet because any statement you say can be used against you in court.

When receiving a citation, you will often have the option to request a hearing. In these hearings, you may get the opportunity to reduce your fine, create a payment plan or establish a community service alternative. However, if you wish to contest a citation, you can request a contested hearing by which you will contest your case before a judge. You should always speak with an attorney, who can help you in your contested hearing.

If you have been charged with a violation and improperly received a citation or did not receive one at all from the police officer, you should contact a criminal defense attorney to examine your case.  Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce or dismiss your charges if any citation improprieties exist. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Use of a Vehicle Without Authority

Jamil Campbell failed to stop at a stop sign in Boston, and he ended up being arrested for not being authorized to use a rental car, along with other charges. The rental car was impounded by police. Using a vehicle without authority is considered illegal in the Commonwealth. There is a gray area in this particular case because Campbell claims his mother gave him authority to use the vehicle and the rented car was officially in her name and not his. This case raises questions regarding who may grant authority to use a rental car, driving a rental car without permission, and the appropriate steps an arresting officer can take in this situation.

Use of a vehicle without authority in the Commonwealth is addressed under Massachusetts Law Chapter 90 Section 24. The law concludes that if you use a motor vehicle without the permission or authorization from its owner, you have committed a crime and you can be charged with use of a vehicle without authority. If you have been charged with such a crime, you should contact a reliable criminal defense attorney because this law can be complex and ambiguous. Your attorney may be able to get the charges dismissed. He or she can explain the key factors or elements that must be proven by the prosecution. According to Massachusetts Court 5.660 Instruction regarding the use of a vehicle without authority, the following elements must be proven in your case:

"The defendant is charged with knowingly using a motor vehicle

without authority.  Section 24(2)(a) of chapter 90 of our General Laws

provides that “. . . whoever uses a motor vehicle without authority knowing

that such use is unauthorized . . .” shall be punished.

In order to prove the defendant guilty of this offense, the

Commonwealth must prove three things beyond a reasonable doubt:

First:  That the defendant used a motor vehicle;

Second:  That at the time he (she) used that motor vehicle, he (she)

did so without the permission of the owner, or the permission of some

other person who possessed the legal right of control ordinarily exercised

by the owner; and

Third:  That at the time he (she) used the motor vehicle, the defendant

knew that he (she) was not authorized to use that vehicle.

A person “uses” a motor vehicle within the meaning of the law if he

rides in it, either as the driver or as a passenger. It is not necessary that the

defendant personally drove or controlled the vehicle, only that he (she)

rode in it while it moved. The Commonwealth may prove that the defendant was not authorized

to use the vehicle either by testimony from the owner or other person in

charge of the vehicle, or through inferences that you are reasonably able to

draw from all the circumstances.

Finally, the defendant must have known that his (her) use of the motor

vehicle was unauthorized.  If it has been proved that the defendant was a

passenger in the vehicle, that fact alone does not establish that he (she)

knew that he (she) was not authorized to use it.  You should consider all of

the circumstances, and any reasonable inferences which you can draw

from the evidence, in determining whether the defendant had actual

knowledge that his (her) use of the vehicle was unauthorized. If the

defendant did not know that his (her) use was unauthorized, you must find

him (her) not guilty. "

In Massachusetts, the punishment for the use of a vehicle without authority can have stiff consequences. When found guilty of a first offense, a person can serve a minimum of 30 days and up to two years in jail. He may have to pay fines up to $500. The consequences may be even harsher for second or third offenses.

If you have been charged with using a vehicle without authority and feel you have been wrongfully accused, you should speak with a criminal defense attorney immediately. The consequences can be devastating and may include jail or hefty fines, maybe both. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Understanding Embezzlement Charges

What is Embezzlement?

Embezzlement usually happens when an individual takes the property or money of another person, who has entrusted that individual with the responsibility of taking care of these assets for them. Embezzlement most often occurs in a business or employment setting. It is considered to be a white collar crime, and you should contact a criminal defense attorney when you are charged with embezzlement.

What are the Elements of Embezzlement?

For a person to be charged with embezzlement four elements must be present:

  • A fiduciary relationship (entrustment) between the two parties must be established

  • A perpetrator gained access to the property through a fiduciary relationship

  • A defendant must have taken ownership of the assets or transferred them over to another individual

  • A defendant intentionally committed the crime

How Does Embezzlement Happen?

Embezzlement can involve an employee who takes money from their employer. It may involve a bank teller, store clerk or financial advisor who takes money from a client or customer. It may include employees who have possession of company property, such as a company car, computer laptop or a corporate card. They use these items for their personal gain or individual use.

One of the most common forms of this crime is accounting embezzlement. This involves altering or changing records to cover up a theft involving money. The defendant is entrusted with the possession of the money and then is accused of using the money for their personal use or gain.

Many times, persons who commit embezzlement will take a lump sum of money at one time or they may steal small amounts of money over a longer period of time to afford getting caught.  Embezzlement may include falsifying records, fake billings, Ponzi schemes or creating payroll checks to non-existing employees.

What are Some Common Defenses Used in an Embezzlement Case?

Common defenses for embezzlement charges may include:

  • Duress: Forced to commit the crime through personal fear or potential physical harm

  • Not Enough Evidence: Insufficient evidence to prosecute a defendant in the case

  • Entrapment: Defendant was setup to commit the crime

  • No intent to commit a crime: Defendant intended to return the money or property

What are the Consequences of an Embezzlement Charge?

The consequences of an embezzlement charge can vary depending on the severity of the crime. In Massachusetts, an embezzlement charge is punishable under established larceny laws. Punishments may be established, according to the amount or valuation of the stolen property or money. In some cases, a conviction can result in up to five years in state prison or up to two years in jail, plus a hefty fine of up to $25,000.

What Should You Do if You are Charged with Embezzlement?

If you are a victim of embezzlement, you should call your local police. If the evidence warrants, law enforcement may submit your claim to the district attorney's office and start prosecution procedures. If you have been charged with committing embezzlement, you need to contact a criminal defense attorney immediately. The consequences can be devastating and may include jail or prison time. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

Cybercrime

 

The cyber world has improved society in many outstanding ways, but it has also opened the door to a host of crimes. Cybercrimes are committed through social media, the internet, and other tools of modern technology. Many criminals use these items to abuse children, extort money, or steal identities. Years ago, criminals committed these crimes in person, but in today's cyber world, criminals can carry out these crimes with a simple smartphone or laptop computer. Below are some examples of cybercrimes.

Computer Crime

Computer crimes govern a very broad category, and a computer or the internet is utilized to commit these crimes. Often in a court of law, computer crimes can carry offenses or punishments equivalent to larceny or fraud. A criminal defense attorney can explain the possible outcomes of a computer crime conviction. Computer crimes may include:

  • Hacking a computer or interfering with an individual's computer access

  • Modifying, copying, using or damaging computer programs, software, or data

  • Utilizing a computer to commit a scam or fraud

  • Stealing data or information from a computer

  • Accessing a computer system or network without permission

  • Utilizing a computer to falsify information

  • Incorporating a virus into a computer system

Sexting

Sexting is the delivery of suggestive materials or nude photographs through a text message. Sexting can be performed on smartphones or computers. Sending suggestive pictures to minors can lead to criminal charges. Sending suggestive pictures featuring minors can lead to charges of distributing child pornography, which can have severe consequences. Depending on the circumstances, a conviction of sexting can cause the perpetrator to be placed on a lifelong sex offender registry.

Cyberbullying

Cyberbullying is a form of bullying that uses digital technology such as computers, smartphones, cell phones, social media, text messaging, chat rooms or websites to intimidate, harass, or stalk an individual. It can include threats of violence or the distribution of sexually explicit photos or messages to embarrass or shame the victim.

Cyberbullying is enforced under bullying laws in most states. In the Commonwealth of Massachusetts, cyberbullying falls under general criminal statutes related to bullying. It may involve harassment, stalking, or annoying conversation via phone or electronic communication. Stalking can happen in person or as a cybercrime using electronic technology.

Phishing

Phishing is a cybercrime by which an individual sends legitimate-appearing emails in an effort to obtain personal or financial data from email responders. Often the messages appear to come from legitimate and well-known websites that the recipient may use or be familiar with in business. Individuals should never respond to these bogus emails.

Identity Theft

One of the most serious cybercrimes is identity theft. Many identity thieves utilize the internet and electronic technology to steal personal information. The perpetrators can hack computers and steal social security numbers, bank accounts, personal emails, and other private information.

If you have been charged with committing a cybercrime, you need to contact a criminal defense attorney immediately. The consequences can be devastating and may include jail or prison time. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

The Consequences of Forgery

Janet is a little short on cash, so she slips into her grandmother's room and takes checks from her grandmother's purse, writes a check to herself for $700, and signs her grandmother's name. She goes to the bank and persuades the teller to cash the check. She visits the local mall and goes on a shopping spree by stealing grandma's money. She convinces herself it is not a crime since she was taking money from her grandmother. In the eyes of the law, though, Janet has committed a crime, and it is called forgery.

The above scenario occurs in numerous ways in real life, and the consequences can be serious. If you are charged with forgery or a related crime you should seek the counsel of a criminal defense attorney.

Forgery can be punished as a felony by the state, as well as by the federal government. Forgery happens when someone decides to alter, use, or possess a falsely written document to commit fraud. The crime of forgery involves documents with legal significance, and they may include:

  • Personal Checks

  • Court seals & records

  • Property Deeds & Titles

  • Currency

  • Money orders

  • Promissory notes

  • Official Identification Cards

Making a signature without authorization or allowing another individual to fraudulently sign a document is punishable under forgery laws. The crime of uttering is closely related to forgery. Some courts consider them the same. Forgery involves the creation of a false document, and uttering is the act of knowingly using a forged document.  A person can be charged with uttering when he or she knowingly circulates or uses a forged document created by another person. In order for forgery to be proven, the following factors must be present:

  • The document must have some form of legal significance

  • Changing or altering the appearance of document

  • Making or creating a false document

  • Having the potential of defrauding a normal individual

  • Possessing the intent to deceive or defraud.

If you are charged with felony forgery, you may face hefty fines, loss or suspension of certain privileges and may spend time in federal prison. In the Commonwealth, the punishment for committing forgery may include fines, jail or prison. The laws and punishment for forgery in Massachusetts are outlined in 267 Ma. Gen. Laws Ann. § 2.

If you have been charged with committing forgery, you need to contact a criminal defense attorney immediately. The consequences can be devastating and life-changing. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

 

Tags: 
Criminal Defense

Look Out for Identity Thieves

Identity theft happens when someone steals the personal or financial information of someone else in an attempt to assume that individual's identity for financial gain. Identity theft or identity fraud is a serious crime. According to news reports, identity theft is on the rise and happens every two seconds in the US today. Thieves are constantly searching online or sifting through dumpsters and other places to find their next victim. Nobody is really immune from identity theft. Thieves look for personal data, such as social security numbers, driver's licenses, home addresses, credit card numbers or bank accounts. Identity thieves can be living in your house, as a roommate, friend, or family member.

You can be charged with identity theft when you intended to use the personal information of another person without actually going through with it. If you obtained or stole another person's personal information, you can be charged with identity fraud. The Identity Theft Penalty Enhancement Act (ITPEA) has made the punishment for identity theft more severe for people who commit the crime. ITPEA says that anyone who obtains or steals another person's identity with the intent to use the information to commit a second crime, the perpetrator will have two additional years added to their punishment and no possibility of probation. A criminal defense attorney can explain how ITPEA may impact your case. Punishment for an identity theft conviction may include:

  • Jail time: A conviction may yield jail or prison time for years

  • Probation: The convicted may have to conform to mandatory imposed restrictions made by the court

  • Restitution: The perpetrator may have to pay back money taken from a victim

  • Fines: The courts may impose hefty fines on the defendant

According to Massachusetts Law, the crime of identity theft is committed as soon as the personal information is obtained with an intention to use it without permission. You can be punished by up to two and a half years in jail, a fine of up to $5,000, or both. The court may order you to pay restitution to the victim, which may include the cost of repairing the victim's credit. The signs that you may have been a victim of identity theft (fraud) may include:

  • Not receiving monthly bills related to your accounts

  • Being denied credit

  • Receiving call from debt collectors

  • Seeing charges on your account that you did not make

  • Receiving credit cards that you did not request

If you have been a victim of identity theft, you should request a fraud alert on your credit reports. This will alert lenders and creditors that they should take additional measures to verify your identity before lending money or extending credit. You also can place a freeze on each of your credit reports. A freeze prevents creditors from accessing your credit reports. You should contact any bank or company you are doing business with and tell them about the identity theft. Contact the Federal Trade Commission (FTC) and make an Identity Theft Report. The FTC will guide you through the process. Call your local law enforcement and report the crime.

If you have been charged with committing identity theft (fraud), you need to contact a criminal defense attorney immediately. The consequences can include jail time, fines and a conviction. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Contributing to the Delinquency of a Minor

Adults and children cannot be friends when the adult is involved in activities that contribute to the delinquency of a child. Adults who encourage minors to take part in acts involving juvenile delinquency can be charged with contributing to the delinquency of a minor or (CDM).

In most states, a minor is anyone under the age of 18. The consequences of contributing to the delinquency of a minor can be serious. You should contact a criminal defense attorney if you are charged with this crime. Examples of contributing to the delinquency of a minor may include:

  • Serving alcohol to a child or minor

  • Buying alcohol for a minor

  • Using or manufacturing drugs in the presence of a minor

  • Exposing minors to illegal activities and behavior

  • Engaging in sexual misconduct with a child

  • Showing pornography to minors

  • Exposing minors to sexual exploitation, such as prostitution and sexual trafficking

You need to remember that if you are caught providing alcohol to a minor, you may not only be charged with contributing to the delinquency of a minor but also may be charged with providing alcohol to individuals under the legal drinking age of 21.

According to Massachusetts Law/Part1/TitleXVII/Chapter119/Section 63:

"Any person who shall be found to have caused, induced, abetted, or encouraged or contributed toward the delinquency of a child, or to have acted in any way tending to cause or induce such delinquency, may be punished by a fine of not more than $500 or by imprisonment of not more than one year, or both. The court may release on probation under section 87 of chapter 276, subject to such orders as it may make as to future conduct tending to cause, induce or contribute to such delinquency, or it may suspend sentence under section one of chapter 279, or before trial, with the defendant's consent, it may allow the defendant to enter into a recognizance, in such penal sum as the court may fix, conditioned to comply with such terms as the court may order for the promotion of the future welfare of the child, and the said case may then be placed on file. The provisions for recognizance in section 56 shall be applicable to cases arising hereunder. The divisions of the juvenile court department shall, within their respective territorial limits, have exclusive jurisdiction over complaints alleging violations of this section."

Since there are various levels and elements involving the contribution to the delinquency of a minor in Massachusetts Law, you should speak with a qualified criminal defense attorney. Your attorney can examine your case and how the law affects your situation and select the best defense for your case.

In many instances, adults can be charged with CDM even if the minor does not really commit an act of delinquency. You can be charged with CDM if the activity intended to cause delinquency and endangerment of a child. In Massachusetts a crime of reckless endangerment of a child involves any reckless behavior or engagement that creates a risk of bodily harm or sexual abuse of a minor. If you fail to take appropriate actions to reduce these risks, you can be charged with the reckless endangerment of a child, as well. The punishment can include serving time in jail.

If you have been accused or arrested for contributing to the delinquency of a minor, the consequences can be serious. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce your punishment or lessen the charge. He cares about you and provides personalized legal services in every case.  Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

What is Indecent Assault and Battery?

Accidentally rubbing against someone on a crowded subway train would not be considered indecent assault and battery, but intentionally rubbing the thigh of the person sitting next to you may very well be. This behavior may not only get you slapped or thrown off the train, but it also may get you put in jail. Indecent assault and battery is serious.

Indecent assault and battery is an unwanted sexual contact without rape. It may involve force, threat, or violence to the victim. The perpetrator of this crime has taken indecent liberties with a person without his or her consent. The person accused of this crime may be charged with both indecent assault and sexual assault. Many courts consider them the same, and the outcomes can be devastating for the accused. It is highly recommended you contact a criminal defense attorney if you have been charged with indecent (sexual) assault and battery.

Behaviors involving indecent assault and battery may include:

  • Touching the private portions of another person's body without their consent

  • Rubbing against an individual for sexual pleasure against their will

  • Touching any body part of an unwilling person in a sexual nature to produce sexual gratification

In Massachusetts, indecent (sexual) assault and battery is considered to be any crime in which the perpetrator exposes another person to sexual touching that is offensive and forced upon the individual against their will. The Commonwealth offers severe penalties for indecent assault and battery and even more severe penalties when the victim is a child. According to Massachusetts Law (Chapter 265), the punishment for indecent assault and battery includes the following:

Section 13B. Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2.5 years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file. In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than 2.5 years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2.5 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

Section 13F. Whoever commits an indecent assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than 10 years; and for a second or subsequent offense, by imprisonment in the state prison for not less than 10 years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a person with an intellectual disability upon another person with an intellectual disability.

Whoever commits an assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in a house of correction for not more than 2.5 years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than 10 years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.

If you have been accused or arrested for indecent (sexual) assault on a child or adult, the consequences can be serious. Boston Criminal Defense Attorney, Edward Molari can provide you and your family with legal advice that may help reduce the punishment or lessen the charge. He cares about your case and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.

Tags: 
Criminal Defense

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