Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

What is the Difference Between Indecent Assault and Aggravated Sexual Assault in MA?

Sexual assault is a serious crime, and MA punishes it harshly. It is loosely defined as the unwanted and offensive sexual touching of another. The type of touching can vary widely; forced penetration is one form of sexual assault, but so is slapping a woman’s buttocks without permission. In the example of forced penetration, the crime would likely be elevated to rape.

At Altman & Altman, LLP, we understand that humans make mistakes. Further, sometimes jealous or disgruntled ex-lovers – or individuals who wish to seek revenge – make false accusations. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with sexual assault.

Indecent Assault and Battery vs. Aggravated Sexual Assault

There are two types of sexual assault: indecent assault and battery, and aggravated sexual assault. In the aforementioned scenario, grabbing or slapping a woman’s buttocks without her permission would fall under the category of indecent assault and battery. If, however, the offender slapped the woman’s buttocks and pushed her to the ground, causing injury, the offender may be charged with aggravated indecent assault. If the injuries were so severe that the victim required medical attention, the charges would likely be elevated to aggravated sexual assault, which carries significantly harsher punishments. In any of the above scenarios, if the victim was forced, coerced, or manipulated into unwanted sexual contact, criminal charges will almost certainly follow.

Penalties for Sexual Assault

In MA, a conviction of sexual assault is likely to result in jail time and inclusion on the Massachusetts Sex Offender Registry. The following information provides additional details about the different types of indecent assault and battery and aggravated sexual assault crimes in MA, and the penalties offenders may face. A MA criminal defense attorney can help you protect your rights, reputation, and freedom if you’ve been charged with sexual assault or any type of criminal offense.

  • Indecent Assault and Battery when the victim is over the age of 14: This includes any touching that is “fundamentally offensive to contemporary moral values,” such as the touching of genitals, breasts, or buttocks. This crime may result in up to five years in prison.
  • Indecent Assault and Battery when the victim is under the age of 14: When the acts above are committed against a child under the age of 14, the penalties increase substantially. This is because a minor under the age of 14 cannot consent to any type of sexual touching. The penalty for this criminal act is up to 10 years in prison.
  • Indecent Assault and Battery when the victim has an intellectual disability: Penalties of up to 10 years in prison, with a minimum sentence of five years.
  • Indecent Assault and Battery when the victim is elderly or disabled: Penalties of up to 10 years in prison when the victim has permanent or long-term physical or mental impairments.
  • Aggravated Indecent Assault and Battery when the victim is under the age of 14: This is a felony offense and may carry a sentence of life in prison. The minimum sentence is 10 years.

Altman & Altman, LLP – Top Criminal Defense Law Firm in MA

If you have been charged with sexual assault or any other criminal offense, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of individuals charged with crimes in Massachusetts for more than 50 years. Our experienced, knowledgeable attorneys will fight tirelessly to protect your rights. We have an impressive track record of getting clients’ charges reduced, or dismissed entirely. If you made a mistake, or you have been falsely accused, we can help. Don’t go through this difficult time alone. You have rights. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

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