Massachusetts Criminal Defense Lawyer DelSignore Law Home
Massachusetts Indecent Assault and Battery Lawyer
An indecent assault and battery charge can result in jail time, even for someone with no prior record, and may carry mandatory sex offender registration. Attorney Michael DelSignore defends individuals throughout Massachusetts facing this charge, with a focus on developing a strong, trial-ready defense from the earliest stage of the case.
- An indecent assault and battery charge is potentially life-changing, carrying possible jail time and sex offender registration even on a first offense.
- Avoiding both jail time and registration often depends on being prepared to take the case to trial, since many cases are not resolved favorably through a plea.
- Choosing an attorney who is genuinely prepared to try the case, not just negotiate a plea, is critical.
Assault and battery, as recognized under Massachusetts law, is the intentional and unjustified use of force against another person. Indecent assault and battery occurs when that touching involves another person's intimate areas, including, but not limited to, the thighs, abdomen, breasts, buttocks, or genitals. It is generally considered a crime a reasonable person would view as offensive in nature. Whether a specific touching qualifies can sometimes depend on the setting in which it occurred.
The charge is divided into two separate offenses, each with its own elements and penalties: indecent assault and battery on a person under the age of fourteen, and indecent assault and battery on a person fourteen or older.
Proving the ChargeTo convict someone of indecent assault and battery on a person age fourteen or older, the Commonwealth must prove the following elements beyond a reasonable doubt:
- The alleged victim was fourteen years of age or older at the time of the incident;
- The defendant committed an assault and battery against the alleged victim;
- The touching was indecent in nature; and
- The alleged victim did not consent to the touching.
The elements for a charge involving an alleged victim under the age of fourteen differ in an important way: consent is not a defense, regardless of whether the alleged victim appeared to agree to the contact.
Building a DefenseThese cases often turn on the credibility of the complaining witness, and a strong defense typically focuses on developing evidence of why the allegation may have been fabricated or mistaken. The burden of proof remains on the prosecution at all times, but a defense built on independent evidence — rather than relying solely on the accused person's own testimony — is generally stronger.
Steps that are often taken early in a case include:
- Retaining an investigator to look into a possible motive for a false allegation
- Identifying and interviewing witnesses who may have relevant knowledge of the allegation or the complaining witness
- Gathering as much information as possible about the complaining witness and the circumstances surrounding the allegation, even when a clear motive is not apparent right away
A conviction for indecent assault and battery generally carries a mandatory sex offender registration requirement, unless the case is resolved with a continuance without a finding (CWOF) and the judge agrees to waive registration.
Immigration ConsequencesAn admission to an indecent assault and battery charge, even through a CWOF, will often result in deportation and exclusion from the United States for non-citizens. Anyone facing this charge who is not a U.S. citizen should raise this issue with an attorney as early as possible.
Case ResultsIn a case from Worcester District Court, a client was charged with indecent assault and battery on a person under fourteen, based on an allegation that he touched the alleged victim's breast while watching her. Following an investigation, the allegation was dismissed after the alleged motive to fabricate the charge was brought to the attention of police and prosecutors.
In a separate case from Hampshire County, a client was able to resolve the case with an admission to a non-sex offense, despite having given incriminating statements to police before retaining counsel. The resolution did not carry sex offender registry consequences.
Past results do not guarantee or predict a similar outcome in any future case. Every case depends on its own specific facts and evidence.
Why Trial Experience Matters in This Type of Case- Often, the only way to avoid both jail time and sex offender registration is a not-guilty verdict at trial — making genuine trial readiness essential, not just a willingness to negotiate a plea
- Direct experience identifying and developing fabrication and credibility-based defenses in indecent assault and battery cases
- Over 20 years defending serious felony and misdemeanor charges throughout Massachusetts courts
- Indecent Assault and Battery Penalties
- Will I Have to Register as a Sex Offender if Convicted of Indecent Assault and Battery?
- Sex Crimes
- Defenses to Sex Crimes in Massachusetts
- What Do I Do If I Am Falsely Accused of Sexual Assault?
Yes. Indecent assault and battery is charged as a felony in Massachusetts and can result in jail time even on a first offense with no prior record.
In some cases, a continuance without a finding (CWOF) may allow a judge to waive the registration requirement, but this outcome is not guaranteed and depends on the facts of the case and the judge's discretion.
Yes, often significantly. Even an admission through a CWOF can result in deportation and exclusion from the United States. This should be discussed with an attorney as early as possible in the case.
Developing evidence of a possible motive to fabricate the allegation, and identifying witnesses who can speak to the credibility of the complaining witness, are often central to defending a false accusation.
