Boston Sex Crimes Defense Lawyer
Merely being accused of a sex-crime is devastating. If convicted, you may be subject to a long prison sentence. You could also face lifetime registration under the Massachusetts Sex Offender Registry laws. Your picture and personal information would be placed on a police sex-offender web site, the result of which is that everyone in your neighborhood would know that you are a convicted sex offender. In this way, a sex-crime conviction will follow you for the rest of your life. It is vital that you consult an experienced criminal defense attorney as soon as you learn you are under investigation for a sex crime.
There are three main defenses to sex-crimes charges. The appropriate defense, of course, depends on the information that a client provides to his or her lawyer. These defenses are as follows:
- The first defense would be to deny that any sexual assault occurred. A lawyer would have to persuade jurors that the alleged victim is simply not credible, and therefore there is a reasonable doubt regarding whether a crime even occurred;
- The second defense would be to admit that a sexual assault occurred, but to deny that the defendant did it. Stranger rape or stranger sexual assaults often involve photo-array, show-up or lineup identifications, all of which an experienced criminal defense lawyer may successfully attack. A skillful defense attorney may also cast doubt upon the Commonwealth's DNA or other scientific or forensic evidence, since there may have been problems with the collection, preservation or handling of trace materials.
- The third defense is consent. An alleged victim may call an incident rape or sexual assault after the fact, when in reality it was a consensual sexual act at the time. To create reasonable doubt, you will need an attorney who is a skilled cross-examiner and persuasive oral advocate.
Attorney Yannetti has defended all types of sex-crime charges, including rape, indecent assault, and battery (improper touching) on person over 14, or on a child under 14, solicitation, molestation, and indecent exposure. Attorney Yannetti has also been in defusing allegations without having any charges issue.
No matter what the charge, you will need an attorney who is prepared to aggressively defend you at trial -- an attorney who has the experience and skill necessary to put you in the best possible position for acquittal. Contact Attorney Yannetti to discuss your rights and options.
Free Initial Consultation: Contact Boston sex crimes defense lawyer David Yannetti.
Sample Sex Offense Cases:
October 30, 2008
Boston Municipal Court
Docket No. 0801-CR-1311
Client, a 22 year-old foreign national in this country on a student visa, was arrested last February after a woman had reported that Client had masturbated in her presence in the elevator of an apartment building. During their investigation, the police unearthed a video of the entire incident which clearly showed Client masturbating and ejaculating in the woman's presence. Client hired Attorney Yannetti to somehow resolve this case without subjecting Client to deportation. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor to reduce the charge from "Open and Gross Lewd and Lascivious Behavior" (which would have led to Client's deportation) to "Indecent Exposure" (which poses no such risk). Additionally, Attorney Yannetti convinces the judge not to incarcerate Client for his conduct. Result: Client avoids jail, avoids deportation, and avoids a felony conviction.
May 23, 2008
Woburn Superior Court
Docket No. 2006-1261
Client, a 47 year-old man, was charged with raping a 27 year-old woman after allegedly meeting her at a bar. The alleged victim believed that she had been drugged, as her last memory was being at the bar with her brother the night before. The next morning, she woke up naked in bed with Client, who allegedly had his fingers inside her after having sex with her. The alleged victim had no idea who Client was or how she had gotten to his hotel room. She allegedly found her clothes in the bathtub, covered in vomit. She wound up getting pregnant as a result of the encounter. Today, after a week-long trial in Middlesex Superior Court, Attorney Yannetti (and his sister and co-counsel, Attorney Tanis Yannetti) achieved a Not Guilty Verdict for Client on both Rape indictments. Result: Not Guilty Verdict after a Jury Trial.February 8, 2008
Middlesex Superior Court
Docket No. 2006-1436
Client, a 40 year-old foreign national, was indicted for Deriving Support from Prostitution and Keeping a House of Ill Fame as a result of a police investigation that led to the bust of an illegal massage parlor. The "deriving support" charge is extremely serious and carries a minimum-mandatory two-year prison sentence. A conviction for either offense would have resulted in Client being deported -- something she desperately wanted to avoid. Over the course of a year, Attorney Yannetti fought the charges, filing and arguing several motions to dismiss. While those motions were ultimately denied, Attorney Yannetti did convince the judge that the case against Client was weak -- and the judge specifically mentioned that fact in his ruling. Attorney Yannetti then found a little-used statute -- Mass. General Laws Chapter 141, Section 51 -- which makes it a crime to practice massage without a license. Today, the prosecutor agreed to dismiss both indictments, in exchange for Client's admission to violating that obscure statute. Client agrees to pay the costs of her prosecution and receives a suspended sentence with probation for one year. She therefore avoids a conviction for a crime involving "moral turpitude," and thus may remain in the U.S. and apply for her green card. Result: Client avoids a minimum-mandatory prison sentence, avoids serving any time in prison at all, avoids a felony conviction and avoids being deported.
January 4, 2008
Boston Juvenile Court
Docket No. DL07-RO-536
Client, a 17 year-old high school senior, was charged with three counts of indecent assault and battery as a result of allegedly molesting his 12 year-old cousin several times over the course of a summer. If adjudicated delinquent, he faced potential incarceration and a requirement that he register as a sex offender for the rest of his life. Client hired Attorney Yannetti while the case was still under investigation. After a year's worth of work on the case, Attorney Yannetti finally convinces the prosecutor to dismiss one of the charges, and to reduce the remaining two charges to simple assault and battery -- a misdemeanor. Today, Client admits to two counts of simple assault and battery and receives probation for six months. He needs to perform seven days of community service and stay out of trouble. As long as he complies with those terms of probation, the case will be behind him for good in six months. Result: One sex-offense charge is Dismissed, the other two are reduced to simple assault-and-battery and Client Completely Avoids the Sex Offender Registry.September 17, 2007
Stoughton District Court
Docket No. 0755-CR-1388
Client, a high school senior, was charged with Rape as a result of an encounter that allegedly occurred back in May and involved a female classmate. Client hires Attorney Yannetti, who advocates for him and negotiates with the prosecutor over the course of several months. Eventually, the prosecutor agrees to hold a probable cause hearing in district court before presenting any evidence to a grand jury for possible indictment. Today, the alleged victim fails to appear in court for the probable cause hearing. Attorney Yannetti succeeds in convincing the prosecutor to file a "nolle prosequi" regarding the case -- which is the equivalent of a dismissal. Result: Case Dismissed.March 14, 2007
Quincy District Court
Clerk Magistrate's Hearing
Client, a married college graduate, was facing a charge of indecent assault and battery on a person 14 years old or older as a result of allegedly grabbing the buttocks of a local business employee. Attorney Yannetti contacts both the business and the police to explore a resolution outside of the criminal justice system. At the clerk magistrate's hearing today, Attorney Yannetti succeeds in negotiating an "accord and satisfaction," whereby the alleged victim agrees not to press charges. Result: Application for Complaint Dismissed.
February 8, 2007
Westborough District Court
Docket No. 0667-CR-2433
Client, an out-of-state businessman, was charged with assault and battery as a result of allegedly improperly touching a room-service employee at the Massachusetts hotel at which he was staying. At the pre-trial conference today, Attorney Yannetti convinces the judge to dismiss the case over the prosecutor's objection when the alleged victim fails to appear in court. Result: Case Dismissed.June 27, 2006
Cambridge Juvenile Court
Docket No. YO-F0014-16
Client, a college student, was indicted for three counts of Rape of a Child. Client was 16 years old at the time of the alleged offense, while the alleged victim was 15 years old. They were classmates in high school. Client was indicted as a "Youthful Offender," so he faced the prospect of having to serve years in state prison if convicted, then having to register as a "sex offender" for the rest of his life after eventually being released from prison. Result: Not Guilty Verdict after trial.
