Item: Law Offices of Stephen Neyman Criminal Lawyers
Rating: 5
Author: A.C. Boston, Massachusetts

Indecent Assault and Battery on a Person Aged Fourteen or Older

Indecent assault and battery on a person aged fourteen or older is a criminal offense under Massachusetts General Laws Chapter 265 Section 13H. An assault and battery is an intentional and unjustified use of force upon another’s person, however slight. Since violent force is not usually involved in this offense, “force” in this context is usually no more than a touching. An indecent assault and battery is an intentional and unjustified touching of a private area, including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is determined in the context in which the touching occurred.This crime is a general intent crime as opposed to a specific crime in Massachusetts. Regardless of how the law reads we view many general intent crimes as crimes that lower the district attorney’s burden of proof. In some sense it undermines any defense that centers on accident or an absence of intent. This unfortunate nuance to this law makes it necessary for you to hire someone who has practiced criminal defense law in Massachusetts for decades. There is no substitute for experience.

What are the Elements of Indecent Assault and Battery on a Person Fourteen or Older in Massachusetts?

To be convicted of indecent assault and battery on a person aged fourteen or older, the prosecutor must prove all of the following six elements beyond a reasonable doubt:

The alleged victim was over the age of fourteen.
The defendant intended to engage in the touching;
The defendant committed the touching;
The touching was harmful or offensive;
The touching was indecent.A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
There was no justification or excuse for the touching.

What Will Happen to Me If I am Convicted of Indecent Assault and Battery on a Person Fourteen or Older?

If you are convicted of indecent assault and battery on a person aged fourteen or older, you face imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves.

If you are charged with this offense, retaining the services of a practiced and dedicated attorney like Stephen Neyman is of critical importance. The attorneys at our office are well-informed of the Massachusetts laws and court systems and use our knowledge, talent and experience to build strong defenses on our clients’ behalf. We have successfully defended this and other sex crimes in Massachusetts and throughout the country countless times in our 20 years of practice. To discuss your case or learn more about this crime, call our office at 617-263-6800 or contact us online.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

Construction Worker Charged With Rape of a Child and Indecent Assault and Battery on a Person Under the Age of Fourteen Found Not Guilty After Trial
The defendant is a construction worker around 60 years old. His wife ran a daycare in the family home. Over three years ago the facility shut down after the owner's husband, our client was accused of raping and sexually assaulting sisters ages three and six. Here is what was alleged. In January of 2020 the father of the girls picked the children up from daycare. On the ride home, the three year old told her father that our client digitally penetrated her that day. The next day, the older sister made a similar complaint to her mother. The police were notified. The children were taken to the hospital where they were examined. Police conducted recorded interviews of the complaining witnesses and their parents, the first complaint witnesses. The district attorney's office conducted a forensic interview (SAIN) with both victims. After the investigation our client was charged with rape of a child, two counts in violation of G.L. c. 265 section 22. Several months ago we were able to get one of the counts, the one pertaining to the younger victim dismissed. The second case was reduced by the district attorney's office to an indecent assault and battery on a child under the age of fourteen, G.L. c. 265 section 13B. We went to trial on that. Today, the jury found our client not guilty of these charges.

Read More in Rape
March 28, 2023
Charges of Indecent Assault and Battery Against Delivery Worker Continued Without a Finding and to be Dismissed
Our client delivers large items such as appliances for many companies. In July of 2021 he made a delivery to a woman who lived alone. The two struck up a conversation. Our client eventually asked her for a hug. She complied with his request. However, he took matters further, touching her buttocks and breasts over her objection. The woman froze and only after the defendant left was she able to call the police. Our client was arrested and charged with indecent assault and battery in violation of G.L. c. 265 section 13H. That crime is a felony in Massachusetts. If he were to be convicted of this offense he would have had to register as a sex offender. Today, we succeeded in getting this continued without a finding (CWOF). After he completes his probation this charge will be dismissed. He will not have a felony conviction and he will not have to register as a sex offender.

Read More in Sex Crimes
January 18, 2023
Indecent Assault and Battery on a Child Under the Age of Fourteen Dismissed on the Day of Trial
This case was filed in 2016. The district attorney's office alleged that a young girl was sexually assaulted by our client after returning from a trip in the summer of 2008. Based on the allegations our client was charged with one count of indecent assault and battery on a child under the age of fourteen, a felony under G.L. c. 265 section 13B. We believed in our client's innocence from the minute we met him. It took us over two years to obtain records indicating that the complainant had been assaulted by someone other than our client. Then COVID hit and the case was delayed for another two years. Notwithstanding the information that we unearthed, the district attorney's office insisted on pursuing the case. We had evidence that the child told the district attorney's office that her father did this to her. We had additional evidence that the child told the district attorney's office that her aunt's boyfriend did this to her. We had evidence showing that the child complained that a boy in her daycare did this to her. Finally, today, the day of trial we succeeded in getting the case dismissed.

Read More in Sex Crimes
December 12, 2022

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"We went to trial and won. He saved me fifteen years mandatory in state prison for this case." A.C. Boston, Massachusetts

"I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career." Melissa C. Cold Spring, New York, October 2013

"My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job." Bart L. S.

"The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life." Jacquille D. Brockton, Massachusetts

"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts

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