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Massachusetts Sexual Assault Lawyer

    • ELEMENTS

    Indecent Assault and Battery is the “indecent” touching of  a person who is 14 years or older. In order to prove the defendant guilty of Indecent A&B 14 or Older, the Commonwealth must prove four things beyond a reasonable doubt:

    First: That the alleged victim was at least fourteen years of age at the time of the alleged offense;
    Second:  That the defendant committed an assault and battery on the alleged victim. A&B is essentially the intentional touching of another person, without legal justification or excuse;
    Third: That the A&B was “indecent” as that word is commonly understood, measured by common understanding and practices;
    Fourth: That the alleged victim did not consent.

    • PENALTIES FOR CONVICTION
    • Sentencing: Up to 2.5 years in the House of Corrections or up to 5 years in State Prison
    • NOTES:
    • An indecent act is one that is fundamentally offensive to contemporary standards of decency, such as if it involves touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.
    • A victim may not be able to give or refuse consent due to consumption of drugs or alcohol, mental retardation or sleep.
    • This section provides for an aggravated form of this offense if the victim is 60 or older or disabled, which carries a sentence of up to 10 years in the HOC.
    • ELEMENTS

    Indecent Assault and Battery on a Child Under 14 is the “indecent” touching of  a person who is not yet attained the age of 14.  In order to prove the defendant guilty of Indecent A&B Under 14, the Commonwealth must prove four things beyond a reasonable doubt:
    First: That the alleged victim was at least fourteen years of age at the time of the alleged offense;
    Second:  That the defendant committed an assault and battery on the alleged victim. A&B is essentially the intentional touching of another person, without legal justification or excuse;
    Third: That the A&B was “indecent” as that word is commonly understood, measured by common understanding and practices.

    • PENALTIES FOR CONVICTION
    • Sentencing: Up to 2.5 years in the House of Corrections or up to 10 years in State Prison
    • NOTES:
    • An indecent act is one that is fundamentally offensive to contemporary standards of decency, such as if it involves touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.
    • Because the victim is under the age of 14, it is irrelevant whether or not (he) (she) consented to any touching
    • AGGRAVATED FORMS
    • Indecent Assault and Battery on a Child Under 14 (G.L. c. 265, § 23A) provides for enhanced punishment if the offense was committed (1) by a person who was a mandated reporter of child abuse or neglect, or (2) if it was committed during the commission or attempted commission of 12 specified offenses: armed burglary (G.L. c. 266, § 14), unarmed burglary (§ 15), breaking and entering (§ 16), entering without breaking (§ 17), breaking and entering in a dwelling (§ 18), kidnapping (G.L. c. 265, § 26), armed robbery (§ 17), unarmed robbery (§ 19), assault and battery with a dangerous weapon (§ 15A), assault with a dangerous weapon (§ 15B), home invasion (§ 18C), or exhibiting a child in a state of nudity or sexual conduct (G.L. c. 272, § 29A).
    • Statutory Rape of a Child Under Sixteenafter prior sex offense (G.L. c. 265, § 23B) provides for enhanced punishment if the offense was committed after a prior conviction or juvenile adjudication for any of 10 sex offenses: indecent assault and battery on a child under 14 (§ 13B), aggravated indecent assault and battery on a child under 14 (§ 13B½), indecent assault and battery on a person 14 or older (§ 13H), assault to rape a child (§ 24B), rape of a child (§ 22A), aggravated rape of a child (§ 22B), statutory rape (§ 23), aggravated statutory rape (§ 23A), rape (§ 22), or “a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.”
    • PENALTIES FOR CONVICTION (AGGRAVATED)
    • Sentencing: 10 years to life in State Prison (10 YEAR MINIMUM MANDATORY)
    • NOTES:
    • An indecent act is one that is fundamentally offensive to contemporary standards of decency, such as if it involves touching portions of the anatomy commonly thought private, such as a person’s genital area or buttocks, or the breasts of a female.
    • Because the victim is under the age of 14, it is irrelevant whether or not (he) (she) consented to any touching
    • ELEMENTS

    In order to prove the defendant guilty of Rape and Abuse of a Child Under 16, the Commonwealth must prove three things beyond a reasonable doubt:
    First:that the defendant engaged in sexual intercourse, either natural or unnatural, with the (alleged victim/name);
    Second:   that (alleged victim/name) was a child under 16 years of age at the time of the alleged offense; and
    Third: that the sexual intercourse was unlawful.

    • PENALTIES FOR CONVICTION
    • Sentencing: Up to State Prison for Life, or for any term in State Prison or the House of Corrections.
    • NOTES:
    • Natural intercourse consists of insertion of the penis into the female sex organ. Unnatural intercourse includes oral and anal intercourse, including fellatio or cunnilingus, and other intrusions of a part of a person’s body or other object into the genital or anal opening of another’s body.
    • Because the victim is under the age of 16, it is irrelevant whether or not (he) (she) consented to the alleged acts.
    • The defendant’s honest belief that the victim was sixteen years of age or older is not a defense to this charge.
    • AGGRAVATED FORMS
    • Aggravated Rape and Abuse of a Child Under 16 (G.L. c. 265, § 23A) provides for enhanced punishment if the offense was committed (1) by a person who was a mandated reporter of child abuse or neglect, or (2) there exists more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age; or (3) there exists more than a 10 year age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age.
    • PENALTIES FOR CONVICTION (AGGRAVATED)
    • Sentencing: 10 years to life in State Prison (10 YEAR MINIMUM MANDATORY)
    • AFTER PRIOR OFFENSE
    • Rape and Abuse of a Child Under 16 after prior sex offense (G.L. c. 265, § 23B) provides for enhanced punishment if the offense was committed after a prior conviction or juvenile adjudication for any of 10 sex offenses: indecent assault and battery on a child under 14 (§ 13B), aggravated indecent assault and battery on a child under 14 (§ 13B½), indecent assault and battery on a person 14 or older (§ 13H), assault to rape a child (§ 24B), rape of a child (§ 22A), aggravated rape of a child (§ 22B), statutory rape (§ 23), aggravated statutory rape (§ 23A), rape (§ 22), or “a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.”
    • PENALTIES FOR CONVICTION (WITH PRIOR SEXUAL OFFENSE)
    • Sentencing: 15 years to life in State Prison (15 YEAR MINIMUM MANDATORY)
    • ELEMENTS

    In order to prove the defendant guilty of Rape and Abuse of a Child Under 16 With Use of Force, the Commonwealth must prove three things beyond a reasonable doubt:
    First:that the defendant engaged in sexual intercourse, either natural or unnatural, with the (alleged victim/name);
    Second:  that the sexual intercourse was accomplished by compelling the victim to submit by force or by threat of bodily injury and against (his/her) will; and
    Third: that the victim was a child under 16 years of age at the time of the alleged offense.

    • PENALTIES FOR CONVICTION
    • Sentencing: Up to State Prison for Life, or for any term of years.
    • NOTES:
    • The force needed for rape may, depending on the circumstances, be constructive force [FN85] as well as physical force, violence or threat of bodily harm.
    • Because the victim is under the age of 16, it is irrelevant whether or not (he) (she) consented to the alleged acts.
    • The defendant’s honest belief that the victim was sixteen years of age or older is not a defense to this charge.
    • AGGRAVATED FORMS
    • Aggravated Rape and Abuse of a Child Under 16 With Use of Force (G.L. c. 265, § 22B) provides for enhanced punishment if the offense was committed under any of the following circumstances:

      (a) the sexual intercourse or unnatural sexual intercourse is committed during the commission or attempted commission of any of the following offenses: (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272;
      (b) the sexual intercourse or unnatural sexual intercourse results in, or is committed by means of an act or acts resulting in, substantial bodily injury as defined in section 13J;
      (c) the sexual intercourse or unnatural sexual intercourse is committed while the victim is tied, bound or gagged;
      (d) the sexual intercourse or unnatural sexual intercourse is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim’s consent;
      (e) the sexual intercourse or unnatural sexual intercourse is committed by a joint enterprise; or
      (f) the sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier.

    • PENALTIES FOR CONVICTION (AGGRAVATED)
    • Sentencing: 15 years to life in State Prison (15 YEAR MINIMUM MANDATORY)
    • AFTER PRIOR OFFENSE
    • Rape and Abuse of a Child Under 16 after prior sex offense (G.L. c. 265, § 22C) provides for enhanced punishment if the offense was committed after a prior conviction or juvenile adjudication for any of 10 sex offenses: indecent assault and battery on a child under 14 (§ 13B), aggravated indecent assault and battery on a child under 14 (§ 13B½), indecent assault and battery on a person 14 or older (§ 13H), assault to rape a child (§ 24B), rape of a child (§ 22A), aggravated rape of a child (§ 22B), statutory rape (§ 23), aggravated statutory rape (§ 23A), rape (§ 22), or “a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.”
    • PENALTIES FOR CONVICTION (WITH PRIOR SEXUAL OFFENSE)
    • Sentencing: 20 years to life in State Prison (20 YEAR MINIMUM MANDATORY)
  • Andrew is a former Assistant District Attorney who has also been appointed as a Special Prosecutor in serious criminal matters involving Police Corruption, Sexual Assault and Attempted Murder. He is an experienced Massachusetts criminal defense trial and appellate attorney who represents individuals in all criminal matters, including…

    • Federal & State Crimes
    • Felonies & Misdemeanors
    • District Court
    • Superior Court
    • Appeals Court
    • Murder
    • Attempted Murder
    • White Collar Crime
    • Sexual Assault
    • Domestic Violence
    • Conspiracy
    • MoneyLaundering
    • Manslaughter
    • Motion to Seal Record
    • Kidnapping
    • Identity Theft
    • Possession Controlled Substances
    • Counterfeiting
    • Illegal Gambling
    • Obstruction of Law Enforcement
    • Domestic Violence
    • Illegal Wiretapping
    • Harassment
    • Bookmaking
    • Motion for a New Trial
    • Clerk Magistrate Hearings

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    Andrew is a former insurance defense attorney who represents people and businesses -plaintiffs and defendants- in both state and federal court. In addition to individuals, he has represented businesses ranging from one-person operations to the biggest retail establishments in the country, facing exposure from the thousands of dollars to the millions, and handles civil cases from pre-suit investigation through trial and, if necessary, to the appeals court. He is an experienced civil litigation trial and appellate attorney who represents individuals and businesses in all civil matters, including…

    • Personal Injury
    • Product Liability
    • Premises Liability
    • Social Host Liability
    • Automobile Accidents
    • Attorney Malpractice
    • Business Disputes
    • Contract Actions
    • Fiduciary Trustee Litigation
    • Estate Litigation
    • Commercial Lease Disputes
    • Property Damage Claims
    • Construction Site Injuries
    • Dram Shop Liability
    • Wrongful Death
    • Victims of Sexual Assault
    • Victims of Assault and Battery
    • Commercial Vehicle Accidents
    • G.L. c. 93A
    • Negligent Security
    • Contractor/Homeowner Construction Disputes

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    • Prospective Client Calls

      Individuals considering retaining Attorney Berman can contact the firm through the Contact form or by calling 617.723.4163. Please include in your message a short statement of the reason for contacting the office, as well as the best method and time to contact you.  Attorney Berman will return your message promptly to learn more about your case and, if appropriate, schedule an initial consultation.

      IF YOUR MATTER REQUIRES IMMEDIATE ATTENTION, PLEASE CALL OR PUT “URGENT’ IN THE SUBJECT BOX OF THE CONTACT FORM.  You will be contacted immediately.

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    • The Initial Consultation

      The goal of the first meeting is for Attorney Berman to gain a clear understanding of the situation and for both attorney and client to determine whether to enter into a longer, more substantial attorney-client relationship. You should bring with you any documents and paperwork relevant to your case or, if possible, provide them beforehand. During this session, Andrew will gather relevant information, ascertain your objectives and provide you with a preliminary assessment of your situation, including possible strategies and tactics. If the decision is made to move forward, future fee arrangements and a retainer agreement (if applicable) should then be discussed.

      The initial consultation will generally last 30 to 60 minutes and is free of charge.

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    • Fee Agreements

      Below is a general description of the various types of fee agreements considered by Attorney Berman. Ultimately, the type of agreement entered into, and the amount charged, depends on the nature of your case.

      Flat Fee

      A flat fee is a set amount of money that is decided upon at the beginning of the representation, before any work is done on the case. This type of agreement is generally used for certain criminal offenses or in situations that require a limited number of court appearances.

      Hourly Rate

      To state the obvious, in an hourly case, the fee you pay is calculated by multiplying the hourly rate by the number of hours the attorney spends working on your case. Hourly rate agreements are generally used in serious criminal matters, civil defense (representation of an individual or company being sued in Civil court) and certain plaintiff cases (representation of an individual or business suing someone else in Civil Court). The hourly rate and the required retainer will vary depending on type and complexity of the case.

      Contingency Fee 

      A contingency fee agreement is standard in personal injury matters (where an individual brings claims in Civil court for his or her personal injuries) and may also be used in certain other types of plaintiff cases.  The fee your attorney earns is, as the name suggests, contingent upon there being a monetary recovery in your case and there is no fee due unless we win your case.   A fairly standard percentage for a contingent fees is one-third of the total recovery.   These types of agreements are not ethically permitted in criminal cases.

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    • Client Bill of Rights

      1. You are entitled to be treated with courtesy and consideration at all times by Attorney Berman and the other lawyers and non-lawyer personnel in the office.

      2. You are entitled to have Attorney Berman and any other attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession.  If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time.

      3. You are entitled to Attorney Berman’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

      4. You are entitled to be charged reasonable fees and expenses and to have Attorney Berman explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory.  In hourly cases, you are entitled to request and receive a written itemized bill at reasonable intervals.

      5.  You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.

      6.  You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have Attorney Berman promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter.  You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding representation.

      7.  You are entitled to have your legitimate objectives respected.  In particular, the decision of whether to settle your matter in a civil case, or enter into a plea agreement in a criminal case, is yours alone.

      8.  You have the right to privacy in your communications with Attorney Berman, and anyone working for him or on his behalf, and to have your confidential information preserved to the extent permitted by law.

      9. You are entitled to have Attorney Berman, and anyone working for him or on his behalf, conduct himself or herself ethically in accordance with the Massachusetts Rules of Professional Responsibility.

      10.  You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

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  • Please include in your message a short statement of the reason for contacting the office, as well as the best method and time to contact you. Attorney Berman will return your message promptly to learn more about your case and, if appropriate, schedule an initial consultation.
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