Massachusetts Criminal Defense Attorney Blog
According to a local news report, Kevin Carmichael, a karate instructor at a Braintree karate studio has been charged with Indecent Assault and Battery. Authorities allege that the acts occurred recently. Apparently Carmichael was asked to meet with Braintree Police detective two days ago. He agreed. Afterwards he was charged with Indecent Assault and Battery. Bail was set in the amount of twenty five thousand dollars. The case is currently pending in the Quincy District Court. No details of the alleged assault have been reported nor are there allegations that Carmichael did this to other victims.
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Braintree, Massachusetts Sex Crimes Defense Law Firm
Lawyer Who Defend Indecent Assault and Battery Cases in Massachusetts
In order for the district attorney to prove someone guilty of Indecent Assault and Battery in Massachusetts he must six elements beyond a reasonable doubt. The first element involves the victim’s age. Massachusetts charges this crime in accordance with the victim’s age. The threshold age is fourteen so depending on the crime alleged; i.e. Indecent Assault and Battery on a Person Under the Age of 14 or Indecent Assault and Battery on a Person Over the age of 14 this element must be established. The second element is that the accused committed an Assault and Battery. The third element involves the indecent aspect of the case. The prosecutor must prove that the defendant used force to commit the indecent touching which involves the following: if victim is male, the genital area, buttocks or pubic area. If the victim is female, the breasts, thighs, pubic area, genitals or buttocks. The term indecent is evaluated in the context of the case. It is fact specific. Fourth, the prosecutor must show intent on the part of the defendant. Fifth, the touching must be offensive or harmful and last, there can be no justification or excuse for the act.
For a Massachusetts Criminal Lawyer the third element is fertile ground for absolving a client. Many of the cases involving these charges focus their defense on the actual nature of the act, not the fact that a touching occurred. People are touched in many ways every day. Some people are more affectionate than others. They are comfortable making physical contact with others or “touching” them. While the alleged victim might perceive the touching to be offensive the defendant may not have intended it that way. This is one factor that helps determine whether or not to go to trial on a case like this. In this case, much of the defense will hinge on what Carmichael told the police on Saturday. Hopefully he said nothing, or very little. As I have written and told my clients on countless occasions, keep your mouth shut. You cannot talk your way out of being charged criminally. You can only make matters worse for yourself.
The Law Offices of Stephen Neyman, PC has been defending sex crimes for over twenty years. We defend criminal cases throughout Massachusetts. Call us at 617-263-6800 or send us an email to discuss your criminal case. We know that we can help you.