On December 31, 2008 the defendant Alexis Infante was charged with attempted murder in the Salem Massachusetts District Court. It was alleged that he attacked his wife with a knife after claiming that she was “bad luck”. Those charges were eventually reduced to assault and battery by means of a dangerous weapon and assault and battery. While he was out on bail however Infante exposed himself and masturbated in front of a young child and her babysitter. He was charged with open and gross lewdness, also in the Salem District Court. After that charge issued the defendant was held in custody. On September 24, 2008 the defendant was given a two year suspended sentence with the time he had already served awaiting trial treated as sufficient. This sentence accounted for all counts in both cases. For full details read Salem Daily News, September 25, 2008.
In the Massachusetts District Courts assault and battery by means of a dangerous weapon carries a 2 1/2 year sentence in a house of correction. The Superior Court also has jurisdiction over this offense. If the case is indicted a defendant faces 10 years in state prison. Assault and battery in Massachusetts carries a 2 1/2 year house of correction sentence as well. Again, this crime could be presented to a grand jury and if indicted you could face up to 5 years in state prison.
Open and gross lewdness is a crime in accordance with Massachusetts General Laws Chapter 272 Section 16. The statute reads as follows: “A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.”. Exposure or attempted exposure of one’s genitalia is not an essential element of this crime. To be convicted of this crime the prosecution must prove beyond a reasonable doubt one or more persons was alarmed or shocked by the defendant’s behavior and that the defendant intended to alarm or shock the person. Keep in mind that this is a very serious charge. A second or subsequent conviction for this offense can result in the consequence of having to register as a sex offender.
There is definitely a distinction between open and gross lewdness and indecent exposure. Having an experienced Massachusetts criminal attorney can make the difference between having a felony conviction for open and gross lewdness or a misdemeanor conviction for indecent exposure. The line between the two crimes is often blurred by young prosecutors thereby making it extremely critical that you make the right choice in hiring a Massachusetts Sex Crimes Defense Lawyer who can convince a judge or jury that the felony charge should not stand. You do not want to have to register as a sex offender if you do not have to. That is why it is critical to hire the right lawyer to handle your case, particularly if the case has sex offender registration consequences. The right disposition of your case can be the difference in having to register or not.
Here are a few of the life altering issues associated with having to register as a sex offender:
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Registering within 10 days of moving either from one town to another in Massachusetts or within the same town in Massachusetts;
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Registering your current work address;
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You will not be able to live in a nursing home;
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Registering in Massachusetts if you are employed there even though you live in another state;
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Registering in Massachusetts if you are employed there even though you live in another state;
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Registering if you attend a school within the Commonwealth of Massachusetts;
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The public can inquire about the sex offenders living in their towns;
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Level 3 sex offenders are identified on the SORB website.
To learn more about the consequences of convictions for certain sex crimes contact our office now.