If you’ve been charged with a sex crime in New Bedford, you need an experienced lawyer at your side that will fight for your rights. At The Law Office of Gerald J. Noonan, we understand the seriousness of sex crime charges and will work tirelessly to defend you. Sex crimes are often complex cases, and you need an attorney who is knowledgeable and experienced in this area of the law. Contact us today for a free case consultation.
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Types of Sex Crimes in Massachusetts and the Penalties Associated With Them
Below, we’ll go over some of the most common sex crime charges levied in New Bedford, Massachusetts.
MGL c.265, s.22: Rape
Under Massachusetts law, rape is one of the most serious sexual crimes a person can commit. Rape is defined as compelling one person to submit to sexual intercourse by force or the threat of bodily injury and against that person’s will.
A good sex lawyer will help you understand the gravity of your situation. If you’re convicted of rape, then you could face up to 20 years in prison. Further, if you’ve been convicted of a sex crime in the past or other aggravating factors are present in your situation, then there’s a chance you could face life in prison.
MGL c.265, s.14H: Indecent Assault and Battery
Under Massachusetts law, indecent assault and battery is defined as the intentional and unjustifiable touching of a person’s private areas. Under MGL c.265, this crime is defined as incidents that occur to citizens over 14-years-old. While certain body parts are always considered “private”, the context in which the touching occurred does make a difference. For the purposes of this law, the touching must have occurred without a legitimate reason and in a way that was “immodest, immoral, and improper.”
Getting convicted of this crime comes with a sentence of up to 2 ½ years in jail. If aggravating factors exist, then your charges could get upgraded to five years in prison.
MGL c.265, s. 13B-13B-3/4: Indecent Assault and Battery on a Child
While the above charges apply specifically to citizens over the age of 14, another section deals exclusively with the same actions but on minors under the age of 14. It carries a penalty of up to 2 ½ years in jail. If aggravating factors exist, then the sentence could get upgraded to up to 10 years in prison.
MGL c.272, s.16: Open and Gross Lewdness
Open and gross lewdness is defined by Massachusetts law as behavior in which the suspect exposed their genitals intentionally and openly with disregard for the risk of public exposure. Further, the actions must have been conducted in such a way as to elicit shock or alarm. What’s more, one or more witnesses must have felt alarmed or shocked by the actions
The penalty associated with this crime is up to 3 years in prison.
MGL c.272, s.53: Indecent Exposure
Indecent exposure is one of the least severe sex crimes, but it still carries significant penalties. This crime occurs when someone exposes their genitalia intentionally and someone was offended by the ordeal. This crime carries a sentence of up to six months in jail.
If you need further clarification, then contact a lawyer. A Stoughton sexual crime attorney can help you further understand whether your actions constitute indecent exposure under the law.
Additional Consequences of a Sex Crime Conviction in New Bedford, MA
Consequences, both legal and social, abound after getting convicted of a sex crime. The first and most obvious consequence is the jail sentence that you’ll have to serve. If you’re lucky enough to only get sentenced to probation, then you’ll still have several hoops to jump through. These can include wearing a GPS monitor, attending weekly counseling sessions, and being registered as a sex offender.
A sex crime conviction will also show up on your criminal record. This can make it difficult to find housing or maintain employment. You may also have a hard time getting accepted into colleges or professional programs.
Finally, a sex crime conviction can damage your social relationships. Your family and friends may not want to associate with you after your conviction. You may also have a hard time making new friends or forming romantic relationships.
If you’ve been accused of a sex crime, then it’s important to reach out to an experienced New Bedford sex crimes lawyer as soon as possible. A good lawyer can help you understand the charges against you and develop a strong defense. They can also help mitigate some of the social fallout that comes with a sex crime conviction.
Potential Defenses to Sex Crime Charges in New Bedford, MA
The best way to fight sex crime charges is with a strong defense. Some common defenses to these crimes include:
- Consent: If the alleged victim consented to the sexual act, then you cannot be guilty of a crime.
- Reasonable belief of consent: In some cases, you may have had a reasonable belief that the other person consented to the sexual act, even if they didn’t actually consent. This is often used as a defense to rape charges.
- Mistaken identity: If someone else committed the crime or if you were incorrectly identified as the perpetrator, then you cannot be convicted.
- False accusation: In some cases, people may falsely accuse others of sex crimes out of revenge or malice. If you can prove that the allegations against you are false, then you cannot be convicted.
- Statutory rape: In Massachusetts, the age of consent is 16. If you had sex with someone who was over the age of 16, then you cannot be charged with statutory rape.
Why You Should Hire a New Bedford Sex Crime Defense Attorney
If you’ve been accused of a sex crime, then it’s crucial to reach out to an experienced New Bedford sex crimes lawyer as soon as possible. A good criminal defense lawyer can help you understand the charges against you and develop a strong defense. Every case is a little different, so your attorney will need to first understand the unique circumstances of your case. Next, they can help you to plan a legal strategy based on their knowledge of the law and experience with these sorts of cases. Finally, they can fight for you in court.
Are You Ready to Hire a New Bedford Sex Crimes Attorney?
If you’ve been accused of a sex crime in New Bedford, you face a potentially life-altering charge. Having an experienced New Bedford criminal defense attorney at your side can make the all the difference. They can help you to understand the charges you are facing, the potential penalties, and outline defense strategies available to you.
Let the Law Offices of Gerald J. Noonan help you to find the best possible legal solution to your predicament. Contact us now to discuss your charges in more detail with one of our criminal defense attorneys.
