Legal Question in Criminal Law in Massachusetts

When is Indecent Assault & Battery over age 14 an Indictable Offense?

I'm being accused of ''Indecently Assaulting'' Someone. Never happend and its garbage but I looked it up on the mass laws page and noticed that it can be in district court or superior court. When is it Indicted and When isn't it? What would make it a superior court case over a district court case? A little confused with the wording 2 and 1/2 in house of corrections or 5 years max in state prison. Which means what? Is it just if its a subsequent offense of something else its becomes a superior court case? Thanks.


Asked on 11/15/06, 12:20 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: When is Indecent Assault & Battery over age 14 an Indictable Offense?

The district attorney in the district court contacts his office, and there it is decided if a matter which can be tried either in the district court or superior court stays or gets heard by a grand jury for indictment in superior court.

If you have any more questions, you can contact me.

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Answered on 11/15/06, 1:07 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: When is Indecent Assault & Battery over age 14 an Indictable Offense?

A charge of a felony may be brought in two ways. Either through a complaint in district court or by grand jury indictment.

The DAs wuill usually go first to district court if the case is weak, the investigation is far from done. Dist cts do NOT have jurisdiction over felony cases, just over misdemeanors.

Your lawyer can ask for a bindover hearing in dit ct. At that point the DA will likely bring indictment, for he will not wnt to give away his strategy.

All of this varies. Too much to type here.

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Answered on 11/15/06, 6:25 pm


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