Sex Offenses in Massachusetts
Sex Crimes Criminal Defense Attorney
Even the accusation of a sex crime is devastating and suddenly everything - your reputation, your family, your living and possibly your freedom are on the line. If convicted, you may be subject to a lengthy prison sentence and registration as a sex offender - forever known by law enforcement and neighbors as a sexual threat.
It is imperative that you consult an experienced sex crimes defense attorney the moment you learn you are under suspicion of a sex crime. At Equitas Law, our attorneys include a former prosecutor and special prosecutor of serious sex crimes and we know how to prepare and present a strong defense specific to your case. On occasion, our early involvement has been crucial in avoiding sexual assault charges all together.
Depending on nature of the sex crime alleged, generally available possible defenses would be to deny that the sexual assault occurred, mistaken identity or consent. Often sex crime prosecutions involve scientific testing and expert testimony, which can be scrutinized and challenged, as can the statements and testimony of any witnesses, including the alleged victim. Likewise, defendants are often identified through the police use of photo arrays or identified in-person by the alleged victim, which may also be successfully attacked.
If the defendant gave a statement to the police, or if there was a search conducted, there may be constitutional issues implicating the right to remain silent, search and seizure, and right to an attorney. Of course, all the evidence must be thoroughly analyzed to identify vulnerabilities in the prosecution's case and to undermine the credibility of witnesses, with the ultimate goal of a dismissal or acquittal. As Massachusetts criminal defense lawyers, we defend people facing sex crime charges including:
- indecent assault and battery on a child under 14;
- indecent assault and battery on a mentally retarded person;
- indecent assault and battery on a person age 14 or over;
- rape;
- rape of a child under 16 with force;
- rape and abuse of a child;
- assault with intent to commit rape;
- assault of a child with intent to commit rape;
- drugging persons for sexual intercourse;
- open and gross lewdness and lascivious behavior,
- disseminating to a minor matter harmful to a minor;
- posing or exhibiting a child in a state of nudity;
- dissemination of visual material of a child in a state of nudity or sexual conduct;
- possession of child pornography;
- unnatural and lascivious acts with a child under 16;
- aggravated rape;
- Aggravated Indecent Assault and Battery on a Child under 14 (G.L. c.265, s.13B1/2)
- Aggravated Rape of a Child under 16 with Force (G.L. c.265, s.22B)
- Aggravated Rape and Abuse of a Child (G.L. c.265, s.23A)
The partners of Equitas Law LLP bring their considerable experience as criminal defense attorneys in Massachusetts, including experience as a former prosecutor and sepecial prosecutor of sex crimes, to help guide our clients through the often difficult process of the criminal justice system. We deeply believe that everyone, regardless of the charge, or stage of the criminal process, deserves to receive a defense that achieves the best possible outcome under the circumstances.
Free Consultation on Any Massachusetts Sex Crimes Charges
If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at inquiry@equitas.law or use our contact form, above. We will listen to the facts of your case, address your concerns and let you know what your options are.
The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable fee agreement, including possible payment options.
Criminal Defense FAQ
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
NO, you shouldn't! At least not without a lawyer after careful consideration.
Think about it. The police have a job, which is to solve crimes and bring criminal charges. The only reason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.
They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.
Seriously, don't speak to the police without consulting a criminal defense lawyer first. It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.
We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.
Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.
No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:
- Pre-Trial Probation or Pre-Trial Diversion
- An outright Dismissal of your charges upon payment of court costs
- A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
- A period of straight probation without a jail or state prison sentence
- A suspended sentence, where a sentence is imposed, but not served unless probation is violated
- A lesser sentence to jail or prison and less severe conditions upon release
This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!
In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.
Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.
The decision on what to do really depends on the facts of the case and your individual goals.
This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.
Related Content:
Strategy and Potential Issues in Massachusetts Criminal Cases
As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!
No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.
Their job is to gather evidence of crimes and there is no better evidence than your statement.
It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!
It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.
The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.
A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.
All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.
Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:
Where you can find us
1583 Beacon Street • Brookline • MA 02446
Contact us anytime, 24/7. If we're up, we're responding!
