Case Results » Indecent Assault and Battery on a Person Aged Fourteen or Older

  • Lowell District Court: Charges of Indecent Assault and Battery to be Dismissed

    The defendant is a college student who needs four credits to graduate. To pay for school he would drive for Lyft. On August 26, 2017 the Lowell, Massachusetts police department was called for a complaint of a sexual assault. The complainant was a woman who had been at a bar for the evening. She called Lyft for a ride for her and three of her friends. The defendant picked them up. On the way home the victim sat in the front seat. She told the police that during the ride the defendant grabbed her hand and put it on his exposed penis. Text messages confirmed the identity of the defendant. Additionally, the victim's friends corroborated her account of the incident. A single charge of indecent assault and battery in violation of G.L. c. 265 Section 13H issued. A conviction would result in a sex offender registration requirement. Today, Attorney Neyman was able to get a continuance without a finding until December 31, 2018. At that time, all charges will be dismissed.

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  • Haverhill District Court: Charges of Indecent Assault and Battery on a Person Over 14 Dismissed After Clerk Magistrate Hearing

    On March 26, 2018 a Haverhill, Massachusetts woman contacted the police frantically complaining of having just been sexually assaulted. She claimed that a man grabbed her arms and breasts. After calming down the woman explained that around midnight she had given a homeless man she knows a coffee. The defendant was walking by at the time. Thinking nothing of him the woman left and walked home. She stood outside her home to smoke a cigarette. This other man had apparently followed her. He grabbed her and tried to push his way into her home. While doing so he fondled her breasts and repeated "I love you" and "You're beautiful". The victim resisted and was thrown to the ground. The defendant then fled. The incident was captured on a videotape. A clerk magistrate hearing was scheduled charging the defendant with indecent assault and battery on a person over the age of 14, a felony in Massachusetts. This is a violation of G.L. c. 265 Section 13H. Today, our office was able to convince the assistant clerk magistrate not to issue the complaint.

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  • Orleans District Court: Rape Charge Reduced to Indecent Assault and Battery and Continued Without a Finding (CWOF)

    The defendant works as a civilian on an air base in the Middle East. He served honorably in the United States Armed Forces. Several years ago he attended a party hosted by the victim. Several people drank to excess, among them the defendant and the victim. The defendant spent the night at the victim's home. She woke up in the middle of the night feeling wet and cold. She went into the bathroom and quickly realized that someone had ejaculated on her buttocks and between her thighs. DNA tests concluded that the substance on the woman was the defendant's semen. He was charged with rape, G.L. c. 265 Section 22. Attorney Neyman was hired for the defense. He was able to convince the prosecution to reduce the charges to indecent assault and battery under G.L. c. 265 Section 13H. Today, Attorney Neyman was able to get the case continued without a finding (CWOF). After a two year probationary period the case will be dismissed.

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  • Dorchester District Court: Not Guilty Verdict For Man Charged With Two Counts of Indecent Assault and Battery

    In the summer of 2014 a woman left two of her three children with her aunt and uncle while she went on vacation with her boyfriend and toddler. She returned a week later and picked the children up at the aunt's home. She soon after heard that her eleven year old daughter who had been staying with the relatives was accusing her uncle of touching her private area and breasts while she was in bed. The prosecution investigated the case and conducted two SAIN interviews, one with the alleged victim and the other with her brother, the first complaint witness who also stayed with the relatives. The uncle was subsequently charged with two counts of indecent assault and battery on a child under the age of fourteen a felony under G.L. c. 265 Section 13B. The defendant is not a citizen. As such, nothing short of an acquittal could ensure against his deportation. After nearly two years of preparation Attorney Neyman took this case to trial. The jury found our client not guilty.

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  • Boston Municipal Court: Indecent Assault and Battery and Simple Assault and Battery Charges Against Boston Man Dismissed

    The prosecution alleged that on March 4, 2014 members of the Boston, Massachusetts Police were dispatched for a complaint of a disturbance at a local nightclub. Officers met with the victim who stated that the defendant a patron at the establishment attempted to have a conversation with her. When she rejected his advances he grabbed her buttocks. When she complained he struck her with a fist and subsequently destroyed property at the establishment. The man was arrested and charged with indecent assault and battery and assault and battery. Today, Attorney Neyman was able to get all charges dismissed.

  • Dorchester District Court: Default Removal and Personal Recognizance For Boston Man Charged With Indecent Assault and Battery on a Child Under 14

    The prosecution alleged that on March 20, 2015 a summons went out for a man to appear in the Dorchester District Court for two charges of indecent assault and battery on a child under the age of fourteen. The summons was for an April 2, 2015 arraignment. Learning that he was in default the defendant contacted our office. Attorney Neyman appeared for the man today and removed the default. The assistant district attorney also asked for bail. Attorney Neyman opposed the request and the judge released the defendant on his own recognizance.

  • Cambridge District Court: Indecent Assault and Battery Case Against Boston Man To Be Dismissed

    On February 25, 2014 a women filed a complaint with the Cambridge, Massachusetts police alleging that her roommate, a male, had inappropriately touched her in a sexual way on several occasions. The police investigated and ultimately applied for a complaint in the Cambridge District Court charging the man with indecent assault and battery. A conviction for these charges will automatically result in a sex offender registration requirement. The man hired Attorney Stephen Neyman to represent him. Today, the case was continued without a finding for six months and there was no requirement that the defendant wear a GPS device. If he remains free from criminal trouble for the next six months the case will be dismissed.

  • Boston Municipal Court: Charges of Indecent Assault and Battery Against Physician Dismissed Prior to Arraignment

    The defendant is a medical doctor practicing in the greater Boston area. The prosecution alleged that on January 9, 2014 the a woman called the Boston Police complaining that she was sexually assaulted on a date by a local doctor. The police report stated that in the early evening on that date the complainant met the defendant at a coffee shop for planned brief date. The two grabbed a coffee and went for a walk. They ended up at the defendant's home which was walking distance to the coffee shop. After a short visit the woman left. A few hours later she called the police department to report that she had been sexually assaulted by the defendant. The alleged assault consisted of a non-consensual touching of the breasts and buttocks. The police investigated by speaking with the complainant and the defendant. Charges of indecent assault and battery, a felony, were filed against the doctor. He subsequently hired Attorney Stephen Neyman. After over a year of investigation and consistent defense advocacy all charges against the defendant were dismissed,  prior to arraignment.

  • Open and Gross Lewdness, Indecent Assault and Battery, Assault and Battery Charged to be Dismissed Against Boston Financial Executive

    Quincy District Court: On August 5, 2011 Weymouth, Massachusetts police responded to a local hospital for a report of a sexual assault. The complainant stated that he and another friend met up with the defendant at a local bar. Just before leaving the bar the man stated that he had a headache. He reported that the defendant then gave him two pills. He became nauseous and started to vomit. He woke up hours later to find the defendant lying on top of him, kissing him, and rubbing his legs and thighs near his genitals. Toxicology reports indicated that the victim had doxylamine, a date rape drug in his system. Today, Attorney Neyman was able to convince the judge to continue the case without a finding. If all conditions are properly satisfied all charges will be dismissed.

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