Sex offenses in Massachusetts are among the most serious and emotionally charged cases in the criminal courts. The impact of these charges often begins the moment an allegation is made.
An accusation alone can damage a person’s reputation, strain family relationships, and threaten jobs, housing, and community standing. On top of this, many sex crimes carry the risk of lengthy jail or state prison sentences and mandatory registration with the Sex Offender Registry Board (SORB). SORB registration requirements continue well after any sentence is served, and, depending on the crime, could be for life.
Foglia & Associates understands the complexities and sensitivities of these cases. Our defense team approach, combining specialized knowledge as longtime former prosecutors focusing on sex offenses with extensive defense experience, makes us uniquely qualified to provide the highest level of defense in these cases.
The types of Sex Offenses in Massachusetts
In Massachusetts, sex offense is a broad term that includes crimes commonly referred to as “sexual assault.” Sexual assault typically involves physical contact offenses but there are also some sex offenses and related offenses that do not involve physical contact. At Foglia & Associates, our expert attorneys have successfully litigated sex offenses and related offenses, such as:
- Indecent Assault and Battery (on a person over or under the age of 14)
- Rape (and its aggravated forms)
- Attempted Rape and Assault with Intent to Rape
- Possession of Child Pornography
- Enticement of a Child Under 16
- Failure to Register as a Sex Offender
- Indecent Exposure
- Open and Gross Lewdness
Why choose Foglia & Associates to defend you?
Sex offense cases are some of the most complex in Massachusetts courts. They require attention to detail, experience in handling witnesses of all ages and types, and an exceptional understanding of the rules of evidence so they can be used to protect the accused.
Allegations can come from a range of situations, including relationships that ended badly, family disputes, misunderstandings involving children or adults, or online activity that is interpreted as criminal. Each of these contexts raises different legal and factual issues. For example, Possession of Child Pornography cases often stem from cyber tips provided to the local or state police by agencies such as the National Center for Missing & Exploited Children (NCMEC). These tips initiate an investigation that typically generates a search warrant for a suspect’s home and electronic devices. As former prosecutors, our attorneys understand how police use these tips to build an investigation and apply for search warrants to gain access to private areas. This insight is critical to formulating an effective defense strategy.
Foglia & Associates knows how to navigate complex and high stakes sex offense cases. Attorney Michael Foglia has over 25 years of experience successfully defending people accused of sex offenses and helping them and their families navigate these charges. Attorney Radu Brestyan was a prosecutor for over 10 years and prosecuted sexual assault cases in the District and Superior Courts. As someone who spent years specializing in this area, Attorney Brestyan knows how these cases are investigated and prosecuted. Working together, our skilled attorneys offer a defense team approach combining unique knowledge from both sides of the courtroom to effectively and expertly protect our clients!
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
What penalties and other consequences can follow a sex crime conviction?
Some sex offenses are felonies that could (for example, Indecent assault and battery), and in some instances must (for example, Rape) be prosecuted in the Superior Court, exposing offenders to substantial state prison sentences. Others are misdemeanors (for example, Indecent exposure) that still carry potential jail time and other serious collateral consequences.
Even where probation is imposed, conditions are often more cumbersome than in other types of cases. Offenders may be subjected to mental health and/or sex offender evaluations and any recommended follow-up treatment. No-contact and stay-away orders will frequently be supplemented by the imposition of a Global Positioning System (GPS) device. Probation supervision is stricter.
Upon conviction, many sex offenses trigger SORB registration requirements that last well beyond any incarceration or probation sentence. Depending on SORB classification, offenders will have their information made public.
A sex offense conviction and registration requirements can affect employment options, professional licenses, housing opportunities, and child custody or visitation rights. For non-citizens, many of these offenses will have a severe impact on their ability to remain in the United States and could end any possibility of gaining legal status or naturalization.
At Foglia & Associates, we understand how high the stakes are. We are ready to defend you!
