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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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Assult and battery

Customer Question

assult and battery on a handicap person and senior citizen 2003 in massachuetts
trying to find out what my rights are to filing charges for to counts and propisition of sex 1995
Submitted: 2 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you. I'm sorry I have to bring you bad news.
The first issue you have to consider is the statute of limitations. That is a law the requires filing of criminal charges or a civil law suit within a certain amount of time after the alleged wrongful act occurred. If criminal charges or a civil lawsuit are NOT filed within the prescribed amount of time, the charges or lawsuit is forever barred and cannot be brought.
Assault and battery is generally a misdemeanor. In MA, the statute of limitations to charge someone with a misdemeanor is 6 years. So, if the charges are not filed within 6 years of the offense, they are forever barred and cannot be brought later. Although there are some limited exceptions to the statute of limitations rule, the statute for assault and battery ran out in 2009.
Propositioning someone for sex may be offensive, immoral, or indecent, but it's not a crime. Soliciting sex - asking someone to have sex or sexual contact in exchange for money - IS a crime. Nonetheless, criminal solicitation (like assault and battery) is a misdemeanor in most cases, which has a 6 year statute of limitations. Thus, the time for filing charges ran out in 2001.
As far as suing someone in civil court for these matters, the statute of limitations also ran out after three years - in 1998 and 2006, respectively.
I wish I could have brought you more hopeful news. I do hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Expert:  S. Huband, Esq. replied 2 years ago.
Hello again,
I'm writing to follow up on your question. If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service! Customer

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