Sexual Assault Crimes

In Massachusetts, sexual assault crimes are taken very seriously and the consequences can be tremendous. In addition to the lengthy state prison sentence that each of these charges can carry, a conviction for any one of these offenses will forever leave you with the stigma and limitations of being a convicted felon and sex offender. For this reason, it is important to be represented by a skilled attorney with a record of success in defending these cases.

Unlike when you are accused of simple assault and battery, or another misdemeanor, you are not entitled to a clerk’s hearing before you can be charged with a sex offense. If someone accuses you of committing one of these sexual assault crimes against him or her, you can be arrested based solely on the word of that accuser. And once you are charged, your accuser cannot “drop” the charges. The case is now in the hands of the District Attorney, and you will be prosecuted.

Of course, these cases are very fact-specific, and very often overcharged by the police. When we handle these cases, we investigate EVERY potential witness, lead, and piece of evidence to refute the claim of your accuser. As the case progresses, we often uncover evidence that undermines your accuser’s version of the events, and when we do, we will fight the charge until the case is either dismissed or you are acquittal after trial. If you did in fact commit the sexual assault, the evidence against you is strong, and you do not wish to fight the case or bring it to trial, we will use our skill and experience to work out the best deal possible in hopes of avoiding a state prison sentence, felony conviction, and registration with SORB.

Assault with intent to Rape in Massachusetts (MGL c. 265 s. 24) carries the following potential penalties:

1. 20 years in state prison
2. Life in prison (second or subsequent offense)

Assault with intent to Rape while Armed with a Firearm in Massachusetts (MGL c. 265 s. 24) carries the following potential penalties:

1. Mandatory minimum 5 years in state prison
2. Mandatory minimum 20 years in state prison (second or subsequent offense)

Assault with intent to Rape a Child Under 16 in Massachusetts (MGL c. 265 s. 24B) carries the following potential penalties:

1. Up to life in state prison.
2. Mandatory minimum of 5 years in state prison (second or subsequent offense).

Assault with intent to Rape a Child under 16 whilearmed with a firearm in Massachusetts (MGL c. 265 s. 24B)carries the following potential penalties:

1. Mandatory minimum 10 years in state prison, up to life in prison
2. Mandatory minimum 15 years in state prison (second or subsequent offense), up to life in prison.

Indecent Assault and Battery on a Person 14 or Older in Massachusetts (MGL c. 265 s. 13H) carries up to 5 years in state prison.

Indecent Assault and Battery on an elder (60 or older) or person with a Disability in Massachusetts (MGL c. 265 s. 13H) carries the following potential penalties:

1. 10 years in state prison
2. 20 years in state prison (second or subsequent conviction)

Indecent Assault and Battery on a Child Under 14 during the commission of a felony or by a Mandated Reporter** in Massachusetts carries up aMandatory minimum10 years in state prison up to life in prison.

** For the definition of a “mandated reporter,” see MGL c. 119 s. 21.

Indecent Assault and Battery on a Person with an Intellectual Disability**, or a Mentally Retarded Person, knowing that person to have such intellectual disability, in Massachusetts (MGL c. 265 s. 13F) carries the following potential penalties:

1. Mandatory minimum 5 years in state prison, up to 10 years in prison
2. Mandatory minimum 10 years in state prison.

** This statute does 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.

If you have been charged with a sexual assault crime, or any other criminal offense in Massachusetts, contact our office for your free initial consultation:

(617) 830- 2188