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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:

  1. The alleged victim was over the age of fourteen.
  2. The defendant intended to engage in the touching;
  3. The defendant committed the touching;
  4. The touching was harmful or offensive;
  5. 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;
  6. 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.

Case Results » Indecent Assault and Battery on a Person Aged Fourteen or Older
  • Charges of Indecent Assault and Battery to be Dismissed

    On November 24, 2019, our client who lives in another state was visiting friends in Massachusetts and attending a hockey game. The group went to a bar. The defendant became intoxicated and inappropriately touched a cocktail waitress. She immediately complained and our client was confronted by security. The establishment checked with security footage and quickly learned that the incident had been recorded. The police were called and our client was charged with indecent assault and battery in violation of G.L. c. 265 section 13H. He hired our office. We were able to get the case continued without a finding for six months. There will be no sex offender registry consequences and the case will be officiall dismissed. 

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  • Charges of Indecent Assault and Battery Against Physician Dismissed After Video Evidence Disproves Case

    The defendant is a well known physician. He was treating a patient who claimed that he inappropriately touched her buttocks and breast. As a result he was charged with indecent assault and battery under G.L. c. 265 section 13H. These charges were brought notwithstanding the fact that our client has a protocol that he regularly follows where no examination is conducted without the presence of a nurse, nurse practitioner or physician's assistant. He followed the protocol on this occasion as well. The complaining witness insisted that the incident occurred on a particular day. We were able to obtain all security footage showing the visitors to the office throughout the day. This person was not one of them. We eventually prevailed upon the district attorney's office to agree to a dismissal of all charges. 

    This resolution of this case came telephonically due to the courts being closed

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  • Indecent Assault and Battery Charges Against Non-Citizen Dismissed on Trial Date

    The defendant is a non-citizen restaurant owner in Massachusetts. The complainant worked at the restaurant for many years. About fifteen months ago the complainant went to the police station to report a series of sexual assaults alleged to have been committed against her by the owner. The police department conducted a very poor, limited investigation and filed an application for a criminal complaint for indecent assault and battery under G.L. c. 265 Section 13H. If found guilty of these charges our client would likely be deported. Even a continuance without a finding would destroy the defendant's chances of citizenship. Our office was hired to defendant the accused. Discovery and pretrial motions went on for over a year. Rape allegations were also beind considered against out client involving the same victim in accordance with G.L. c. 265 Section 22. We were able to prevent this charge from being issued. We were finally able to schedule this case for trial. Today. All charges were dismissed. 

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Client Reviews
"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