Sentence Reduced: Simple Assault Instead of Indecent Assault and Battery

John Doe was indicted for indecent assault and battery of two victims in the Norfolk Superior Court. The defendant was facing up to ten years in prison and also facing implications with the sexual offender registry board. John Doe’s defense was based on the fact that he was asleep while these crimes were allegedly committed. White & Associates utilized a doctor who specialized in sleep disorders to examine Mr. Doe. The doctor determined that John Doe had a sleep disorder, confirming the defense’s theory. White & Associates filed a motion to dismiss alleging prosecutorial misconduct and material misrepresentation to the Grand Jury by the prosecutor on this case. The Court found that there was a false misrepresentation made by the Government’s chief investigating officer but did not dismiss the charges. After White & Associates conducted a rigorous investigation of this case and effectively dismantled their case using the services of their sleep expert, the District Attorney agreed to dismiss all of of the indecent assault and battery charges on the condition that the defendent plead to simple assault. This reduced his time in jail from ten years to probation.