Fifty-two year old Mariano Liriano of Lawrence Massachusetts was arrested and charged with indecent assault and battery on a person over fourteen years old. The Lawrence Eagle Tribune reported that a seventeen year old girl accused Liriano of putting his hand on her leg and moving it up. According to the Tribune, the pair knew one another. The woman told Liriano to stop and he gave her a ride home. When she returned home she called the police. Liriaano was arrested at his home and charged with indecent assault and battery on a person over fourteen.
In Massachusetts, the crime of indecent assault and battery is a felony. A conviction for this offense carries a sentence of up to two years in jail or five years in state prison. See, M.G.L.A. 265 § 13H.
In Massachusetts, there are two theories under which the government can prosecute a person for assault and battery. The most common one is the intentional touching of another person without consent. A second way in which a person may be found guilty of assault and battery us when, instead of engaging in intentional conduct, an individual engages in reckless conduct that results in physical injury.When the police respond to a call for a "domestic violence" the police generally place someone under arrest. If you find yourself in this situation you must contact an experienced domestic violence attorney to protect your rights and ensure that a civil restraining order does not issue requiring you stay away from your home, your children or your spouse. Although a restraining order is considered a civil order if you are charged with violating that order it is criminal offense.
To be considered an "indecent" assault and battery the touching must be fundamentally offensive to contemporary moral values. There is no particular definition relative to the what conduct specifically constitutes that crime.
A conviction for indecent assault and battery also has collateral consequences of having to register as a sex offender with the sex offender registry board. This requirement can be onerous and interfere with employment and volunteering opportunities.
If you are charged with the crime of indecent assault and battery or assault in battery in the Boston Massachusetts area you must have an experienced defense attorney on your side to ensure that your rights are protected. Pre-trial investigation and interviews are important so that a viable defense can be mounted from the outset. In these types of cases where the parties know one another a thorough investigation of the complaining witness is essential so that all bias and motives can be exposed.