Massachusetts
Criminal Defense Lawyer
Anthony Riccio, Attorney
Former Prosecutor with Over a Decade of Experience Defending Clients Across Massachusetts
Massachusetts Criminal Defense Lawyer
One-on-One Legal Representation from a Former Prosecutor with Over 14 Years of Trial Experience Massachusetts Criminal Defense Lawyer
Attorney Riccio is a dedicated Massachusetts criminal defense lawyer. His firm is located in Quincy Massachusetts, just south of Boston MA. We defend individuals facing criminal charges in state and federal courts across the Commonwealth.
Unlike high-volume firms where you may be passed off to a junior associate, at Riccio Law, you work directly with Attorney Anthony Riccio. He leverages deep insight into police procedures and prosecutorial tactics to challenge evidence in drug crimes, sexual crimes allegations, DUI defense and domestic violence cases. Whether you require representation for a professional licensing board or a jury trial in Superior Court, we fight to secure the best possible outcome for your case.
A criminal charge in Massachusetts starts a process with unfamiliar rules, deadlines, and court procedures. A Massachusetts criminal defense lawyer can step in after an arrest, after a summons, or even during an investigation. They can examine how the case was built, protect the defendant’s rights, and hold the Commonwealth to its burden of proof.
Riccio Law represents people facing misdemeanors and felonies in District and Superior Courts across Massachusetts, as well as in federal court. Attorney Anthony Riccio is a former Massachusetts prosecutor who has served as lead counsel in approximately 60 trials. Clients work directly with him rather than being passed to an associate. Representation does not have to wait for formal charges. If you are under investigation, have received notice of a clerk-magistrate hearing, or have already been arraigned, Riccio Law can review the allegations and explain the next steps.
Massachusetts Criminal Defense
Criminal defense can begin with the first police contact and continue through arraignment, pretrial motions, trial, sentencing, probation proceedings, and appeal. The defense does not have to prove innocence. The Commonwealth must prove every element beyond a reasonable doubt, and Massachusetts criminal proceedings begin from the presumption of innocence.
Much of the important work happens before trial. A Massachusetts criminal defense lawyer may review whether:
- Police had lawful grounds for the stop, search, questioning, or arrest
- Statements were obtained properly, and identification evidence is reliable
- Breath, blood, drug, forensic, or digital evidence was collected and tested correctly
- Chain-of-custody or admissibility issues affect the evidence
The facts may support self-defense, lack of intent, consent where legally relevant, mistaken identity, or another theory. A Massachusetts criminal defense lawyer also compares witness accounts with video, records, messages, and other evidence before deciding whether the strongest route is a motion, negotiated resolution, or trial.
Massachusetts criminal procedure gives the defense meaningful tools for that review. Rule 14 requires prosecutors to disclose specified favorable information, including material that can:
- Cast doubt on guilt or witness credibility
- Undermine scientific evidence
- Support suppression
- Mitigate sentencing
- Support a defense theory
The consequences can extend beyond the sentence. A criminal case may affect employment, professional licensing, immigration status, firearm rights, driving privileges, housing, and CORI background checks. For that reason, the disposition itself matters from the outset.
Felony Charges in Massachusetts
Massachusetts classifies crimes by potential punishment. G.L. c. 274, § 1 specifies that an offense punishable by death or imprisonment in state prison is a felony; other crimes are misdemeanors. A person does not need to receive a state-prison sentence for a charge to be a felony.
Felony-level allegations can include:
- Aggravated assault and battery
- Serious sex offenses
- Firearm charges
- Drug distribution or trafficking
- Larceny over $1,200 or larceny from a person
- Burglary or robbery
- Repeat domestic violence offenses
- Major fraud
The exact subsection matters because an aggravating factor or prior conviction can change both the classification and the available sentence.
A felony does not automatically mean Superior Court. District Court has final jurisdiction over felonies punishable by no more than five years in state prison and over certain specifically listed felonies with higher maximums. Many felony cases therefore remain in District Court from arraignment through disposition or trial.
A felony defense starts with the precise charge. A Massachusetts criminal defense lawyer should identify which element raises the offense to felony level, whether an enhancement applies, and whether the Commonwealth can prove that element with admissible evidence.
Misdemeanor Charges in Massachusetts
A Massachusetts offense that is not punishable by death or state-prison imprisonment is a misdemeanor. Depending on the circumstances, examples include simple assault and battery, larceny of $1,200 or less, many first-time possession charges, a first-offense OUI, and some property or public-order offenses.
Misdemeanor does not mean minor. Simple assault and battery can carry up to two and a half years in a house of correction. Larceny of $1,200 or less generally carries up to one year in jail. Probation, fines, driving consequences, and other collateral effects may also follow.
Many Massachusetts records may eventually qualify for time-based sealing after three years for a misdemeanor and seven years for a felony, measured under the applicable rules. Eligibility and access are more nuanced than a simple visible-or-hidden distinction, so record consequences should be evaluated case by case.
Criminal Charges We Defend in Massachusetts
If you are facing a criminal charge in Massachusetts, the details matter. The potential penalties, available defenses, and court process can look very different depending on the allegation. Riccio Law represents clients across a wide range of criminal cases, including the following:
DUI / OUI
Massachusetts law uses OUI, or operating under the influence. Section 24 of Chapter 90 of the Massachusetts General Laws covers operation with a blood alcohol concentration of 0.08% or higher, as well as operation while under the influence of alcohol or certain drugs. A first offense can carry a $500 to $5,000 fine, up to two and a half years in a house of correction, and license consequences.
Refusing a chemical test is not a separate criminal offense, but it can trigger an administrative Registry suspension. For drivers over 21, the length depends on prior OUI history. A refusal hearing generally must be requested within 15 days.
An OUI defense may turn on the legality of the stop, proof of operation, the location, police observations, field sobriety evidence, or the reliability and admissibility of breath, blood, or drug-related testing.
An OUI case can bring criminal penalties and license consequences at the same time, and prior history can change the stakes quickly. Our guide to Massachusetts DUI and OUI defense takes a closer look at the charge, testing issues, license consequences, and potential defenses.
Drug Crimes
Chapter 94C of the Massachusetts General Laws covers possession, possession with intent to distribute, distribution, manufacturing, and trafficking. Under Section 34, as amended effective April 19, 2026, ordinary unauthorized possession is generally punishable by up to one year in jail and a fine of up to $1,000. Different rules apply to certain substances and qualifying first offenders.
Distribution and trafficking charges raise the stakes considerably. The drug’s class, the weight involved, any prior record, and whether prosecutors claim you meant to sell all shift which statute applies and how long the sentence runs.
Search-and-seizure issues can be decisive in drug cases. A Massachusetts criminal defense lawyer may examine:
- A vehicle, home, or personal search
- The warrant affidavit
- Information provided by an informant
- Laboratory testing and drug weight
- Whether the evidence proves knowing possession
- Whether the Commonwealth can establish constructive possession
Drug charges can look very different depending on the substance, quantity, and conduct alleged. We cover possession, distribution, trafficking, and common defense issues in more detail in our guide to Massachusetts drug crime defense.
Assault & Battery
Massachusetts law treats assault and assault and battery as separate offenses. Assault can involve an attempted use of force or a threat that places another person in fear of imminent harm. Assault and battery requires physical contact and may involve intentional conduct or, in some cases, reckless conduct.
Under Section 13A of Chapter 265 of the Massachusetts General Laws, basic assault and battery can carry up to two and a half years in a house of correction.
Self-defense or defense of another may be available depending on the facts. Once self-defense is properly raised, the Commonwealth bears the burden of disproving it beyond a reasonable doubt. Other issues can include whether contact occurred, identity, witness credibility, the seriousness of an injury, and whether an alleged object legally qualifies as a dangerous weapon.
The details of the alleged contact can change both the charge and the defense. Our guide to Massachusetts assault and battery defense explains how self-defense, credibility issues, and aggravated allegations may affect the case.
Domestic Violence
Domestic violence is not one single Massachusetts crime. It is a broader category that can involve assault, assault and battery, restraining-order allegations, bail conditions, and other proceedings involving family or household members.
Under Section 13M of Chapter 265 of the Massachusetts General Laws, assault or assault and battery on a family or household member can carry up to two and a half years in a house of correction and a fine of up to $5,000 for a first offense. A second or subsequent offense can carry up to five years in state prison.
The law applies to spouses and former spouses, people who have a child together, and people in qualifying dating or engagement relationships.
The early stage can be especially important because domestic-abuse allegations may lead to restrictive release conditions or a dangerousness hearing. Related 209A restraining-order proceedings can also affect contact, residence, and other practical issues while the criminal case is pending.
When an allegation involves a spouse, former partner, co-parent, or qualifying dating relationship, the criminal case can intersect with release conditions and protective-order proceedings. Our guide to domestic violence defense in Massachusetts goes deeper into those overlapping issues and the defenses that may be available.
Sex Crimes
Massachusetts sex offenses range from indecent assault and battery to rape, child-sex offenses, and other serious allegations under Chapter 265. The elements and penalties vary widely, and some offenses can carry lengthy state-prison sentences.
Registration is a separate consequence for qualifying offenses. Section 178C of Chapter 6 of the Massachusetts General Laws identifies the offenses that can trigger Sex Offender Registry obligations. Registration therefore should not be treated as automatic for every allegation or case outcome.
Defense issues may include:
- Consent, where legally available
- Identity and witness credibility
- Delayed reporting
- Text messages and social-media communications
- Medical or DNA evidence
- Identification procedures
- Constitutional issues involving searches of phones or online accounts
Because the evidence and possible collateral consequences vary widely from one allegation to another, the details matter. Our Massachusetts sex crimes defense guide explains the investigation, evidence, registration concerns, and defense issues in greater depth.
Weapons Offenses
Massachusetts firearm law has changed significantly in recent years, so current statutory language matters. Section 10 of Chapter 269 of the Massachusetts General Laws addresses unauthorized possession or control of firearms and other weapons, including offenses that can carry mandatory minimum incarceration.
Possession is often central. The prosecution may need to establish knowledge and control, which is different from simply showing that a weapon was found in a shared vehicle or residence. Licensing status, statutory exemptions, the legal definition of the weapon, and the legality of the search may also matter.
Licensing status, where the weapon was found, and who actually controlled it can all affect the case. Our Massachusetts gun and firearm defense page covers possession, licensing questions, search issues, and other common defenses in more detail.
Larceny / Theft
General larceny under Section 30 of Chapter 266 of the Massachusetts General Laws covers more than physically taking someone else’s property. Depending on the facts, it can include stealing, obtaining property by false pretenses, unlawful conversion, and embezzlement-type conduct.
Property valued above $1,200 can expose a defendant to up to five years in state prison. Larceny involving $1,200 or less is generally punishable by up to one year in jail.
Valuation, intent, ownership, and authorization can materially change the case. Other theft-related statutes cover larceny from a person, shoplifting, credit-card fraud, checks, identity fraud, and computer-related conduct.
Our guide to Massachusetts theft crimes covers larceny, shoplifting, fraud-related allegations, and the issues that can shape a defense.
White-Collar Crimes
White-collar crime is an umbrella term, not a single Massachusetts offense. It can include:
- Embezzlement
- False pretenses
- Identity fraud
- Credit card or check fraud
- Computer-related offenses
- Bribery or corruption
- Money laundering
- Other financially motivated crimes
Whether a case proceeds in state or federal court depends on the conduct alleged, the statutes involved, the jurisdictional basis, and the agencies and prosecutors handling the investigation. These cases often turn on documents and data, including bank records, accounting entries, emails, and device evidence.
Financial investigations can involve years of records and may cross from state into federal jurisdiction. Our white-collar crime defense page explores common financial and business-related allegations. If a matter involves federal charges or investigators, our federal criminal defense guide explains that process and the additional considerations that can come with federal prosecution.
Motor Vehicle Offenses
OUI is only one category of Massachusetts motor vehicle crime. Chapter 90 also covers reckless or negligent operation, leaving the scene, certain license-related offenses, and serious cases involving injury or death.
Depending on the charge, the Commonwealth may need to prove:
- Who was operating the vehicle
- Where the vehicle was operated
- Whether the driving met the statutory standard
- Whether the driver knew a collision occurred
- Whether the alleged conduct caused the injury
Evidence can include dashcam footage, witness accounts, vehicle data, and accident reconstruction.
Motor vehicle charges can turn on details such as how the vehicle was driven, where the incident happened, and what the driver knew at the time. Our guide to negligent operation of a motor vehicle shows how those questions can matter in one common Massachusetts driving offense.
Probation Violations
A probation violation hearing is not a new criminal trial. Massachusetts uses a two-stage process: The court first decides whether a violation occurred and then, if necessary, determines the disposition. Under the applicable probation violation rule, the standard is a preponderance of the evidence rather than proof beyond a reasonable doubt.
Allegations can involve a new criminal charge or a technical issue such as missed appointments, failed testing, incomplete treatment, prohibited contact, or another special condition. If a violation is found, the court may continue probation, modify conditions, impose other lawful sanctions, or revoke probation and impose a sentence where authorized.
Massachusetts District Court Criminal Cases
District Court handles much of Massachusetts criminal practice. Its final criminal jurisdiction includes nearly all misdemeanors, felonies carrying no more than five years in state prison, and certain specifically designated felonies with higher maximums. District Court criminal jury trials generally use six jurors.
District Court can also be the starting point for a case that may later reach Superior Court. Under Rule 3, a probable cause hearing may be scheduled for a charge outside District Court’s final jurisdiction unless a grand jury indictment supersedes that process.
Some cases begin with an application for a criminal complaint rather than an arrest. In qualifying circumstances, a clerk-magistrate hearing can determine whether probable cause supports issuing the complaint. That is one reason counsel may be useful before formal charges exist.
What Happens After You Are Charged With a Crime in Massachusetts
No two criminal cases follow the same path, but the stages below explain the general Massachusetts process.
Investigation, Arrest, or Criminal Complaint
A case may begin with an investigation, an arrest, or an application for a criminal complaint. When police seek a complaint without an arrest, there may be an opportunity for a clerk-magistrate hearing before a complaint issues.
Arraignment
At arraignment under Rule 7, the charge and plea are addressed, required advisories are given, counsel issues may be handled, release or bail conditions are set, and future dates are scheduled.
Bail and Dangerousness
At this stage, the judge decides the terms of release: personal recognizance, a cash bail figure, or conditions attached to release. On qualifying charges, the Commonwealth can go further and request a dangerousness hearing, arguing that public safety calls for detention or tighter restrictions.
Discovery and Evidence Review
Next comes the exchange of evidence. Police reports, recordings, witness statements, lab results, and phone or computer data all land on the defense table, and the job is to read them for what is missing as much as for what is there.
Pretrial Motions
Some of the biggest fights in a Massachusetts case happen here, under Rule 13. If police searched without proper grounds, the defense asks the judge to throw that evidence out. A charge with a legal defect gets a motion to dismiss. Missing discovery gets a motion to compel.
Negotiated Resolution or Trial
Some cases resolve through a plea, continuance without a finding, pretrial probation, dismissal, or another lawful disposition. Others proceed to trial. If a case is tried, the Commonwealth keeps the burden of proving every element beyond a reasonable doubt. A defendant may have a jury trial or, where permitted and properly waived, a bench trial.
Sentencing and Post-Conviction Proceedings
After a guilty plea or conviction, sentencing depends on the offense, statutory limits, any mandatory minimum, the defendant’s record, and the information presented to the court. A defendant may then have appellate or post-conviction options depending on what occurred in the case.
Criminal Appeals in Massachusetts
An appeal is not a second trial. The appellate court reviews the trial-court record for legal error. Issues can involve evidentiary rulings, jury instructions, suppression decisions, constitutional questions, sufficiency of the evidence, sentencing, or other preserved errors.
According to Massachusetts Appellate Rule 4, a criminal notice of appeal generally must be filed within 30 days of the relevant judgment, order, or sentence, although certain motions can affect the deadline. Most criminal appeals go first to the Appeals Court; first-degree murder convictions follow a different direct-review route to the Supreme Judicial Court.
A direct appeal is different from a Rule 30 motion for post-conviction relief or a new trial. Rule 30 can address issues that do not fit within an ordinary direct appeal, including qualifying newly discovered evidence and certain constitutional claims.
Why Hire Riccio Law for Criminal Defense in Massachusetts?
At Riccio Law, we represent clients facing misdemeanor and felony charges in District Court, Superior Court, and federal court across Massachusetts. Our Massachusetts criminal defense lawyers look closely at how the case was built, where the evidence may be vulnerable, and what options make sense at each stage.
Anthony Riccio began his career as a prosecutor with the Bristol County District Attorney’s Office. That experience helps us anticipate how prosecutors may evaluate evidence, respond to pretrial motions, and approach possible resolutions.
Attorney Anthony Riccio’s Criminal Defense Experience
Anthony Riccio earned his J.D. from Syracuse University College of Law in 2011 and was admitted to practice in Massachusetts that year. He was later admitted to the U.S. District Court for the District of Massachusetts.
Anthony has served as lead counsel in approximately 60 trials, including more than 40 jury trials, with a nearly 90% acquittal rate as defense counsel. He has also been recognized by Super Lawyers for criminal defense from 2016 through 2024 and again in 2026.
Frequently Asked Questions About Massachusetts Criminal Defense
What is the difference between a felony and a misdemeanor in Massachusetts?
A felony is an offense punishable by death or imprisonment in state prison. All other crimes are misdemeanors. Massachusetts classifies the offense based on the punishment authorized by statute, regardless of the sentence the court ultimately imposes.
Does every Massachusetts felony go to Superior Court?
District Court can have final jurisdiction over many Massachusetts felonies, including offenses punishable by no more than five years in state prison and certain listed felonies with higher maximums. More serious cases may proceed to Superior Court through indictment or other applicable procedures.
What happens at an arraignment in Massachusetts?
You hear the charge read and enter a plea, almost always not guilty at this point. The judge gives the required warnings, sorts out counsel if you need it, sets bail or release conditions, and picks the next court date.
Can Massachusetts criminal charges be dismissed before trial?
A Massachusetts criminal case can sometimes be dismissed before trial. A complaint may fail for lack of probable cause, prosecutors may decide not to proceed, or the defense may seek dismissal when the facts and law support it. The available option depends on the circumstances of the case.
Can a lawyer help before a criminal complaint is issued?
A lawyer can help before a criminal complaint is issued in some situations. When a complaint is sought without an arrest, a qualifying clerk-magistrate hearing may take place before the complaint is issued. Counsel can also advise someone who is under investigation or has been contacted by police.
Can illegally obtained evidence be suppressed?
If police crossed a constitutional or statutory line to get it, the defense can ask the court to keep it out of trial. That request comes as a motion, the judge hears it, and improperly seized evidence may be excluded. The result turns on the facts and on what exactly went wrong.
Will my Massachusetts criminal case go to trial?
Not necessarily. Cases can resolve through motions, dismissal, a negotiated disposition, or other lawful outcomes. If a case proceeds to trial, the defendant generally has a jury-trial right and may sometimes waive that right in favor of a bench trial.
How long do I have to appeal a criminal conviction?
A criminal notice of appeal generally must be filed within 30 days under Massachusetts Appellate Rule 4, although post-trial motions and other circumstances can affect the deadline. Anyone considering an appeal should address timing immediately.
What happens if I violate probation in Massachusetts?
The court holds a probation violation hearing. The alleged violation is decided under the preponderance-of-the-evidence standard. If a violation is found, the court may continue or modify probation, impose other lawful sanctions, or revoke probation and impose a sentence where authorized.
Can a Massachusetts criminal record be sealed?
Many records can eventually qualify, including through time-based sealing rules. Eligibility depends on the offense, disposition, waiting period, and statutory exceptions, so the answer is case-specific.
Should I hire a criminal defense lawyer before charges are filed?
There can be advantages to early representation. Counsel can advise you about police contact, preserve useful evidence, communicate with investigators or prosecutors when appropriate, and represent you at a qualifying clerk-magistrate hearing.
How much does a Massachusetts criminal defense lawyer cost?
Fees vary with the charge, court, amount of discovery, investigation required, motion practice, and whether the case goes to trial. Prospective clients can discuss the expected fee structure and scope of representation during a consultation with the firm.
Speak With a Massachusetts Criminal Defense Lawyer
Criminal cases can begin moving quickly after an arrest or complaint. Some rights also come with short deadlines, including the 15-day window for many chemical-test-refusal challenges and the general 30-day deadline for a criminal notice of appeal.
Riccio Law represents people in District Courts, Superior Courts, and federal court across Massachusetts. Contact us to have our Massachusetts criminal defense lawyer review the charge or investigation, how the evidence was gathered, and the defenses or procedural options that may apply. Early preparation gives us more time to understand the case, protect your rights, and build the strongest strategy available under the circumstances.
Criminal Charges We Defend in Mass
Riccio Law represents individuals facing felony and misdemeanor charges throughout the State. Our practice covers violent crimes, drug possession and trafficking, OUI and DUI offenses, sex crimes, firearms charges, juvenile matters, and federal criminal investigations. We defend clients in Boston, Quincy, and courts statewide with an individualized, informed approach that reflects years of courtroom insight.
Assault and Battery Defense
Assault charges can carry serious consequences. Attorney Riccio defends these cases by closely examining evidence, challenging witness accounts, and pursuing every legal avenue for dismissal or reduction.
OUI/DUI Defense
OUI laws in MA are among the toughest in the country. As a former prosecutor, Attorney Riccio knows the procedural weaknesses that can unravel OUI charges—such as breathalyzer reliability or traffic stop legality.
PROVEN TRACK RECORD OF SUCCESS
Case Results
OUI-Liquor, 4th Offense
NOT GUILTY
Fall River District Court
Aggravated Rape
NOT GUILTY
Bristol County Superior Court
Trafficking Cocaine
NO INDICTMENT: CASE DISMISSED
Wrentham District Court
TRUSTED CRIMINAL DEFENSE LAWYER
Why Clients Trust Riccio Law
Strategic Defense Backed By 14+ Years of Trial Experience
Attorney Riccio has led over 60 criminal trials, including more than 40 jury trials, and maintains a near 90% “Not Guilty” verdict rate as lead counsel. Every case benefits from a real trial perspective—not theory.
Former Prosecutor Insight On Every Case
Having previously worked in the DA’s office, Riccio understands how prosecutors think and prepares your defense accordingly. This insight allows for early interventions, stronger negotiations, and courtroom readiness.
Personalized Service When It Matters Most
You’re not just another case. We understand the emotional and practical toll criminal charges take on families and careers. That’s why we remain responsive—even on weekends, nights, and holidays.
Results You Can Trust—not Hype
Riccio Law’s results reflect careful strategy and dedication to doing right by our clients—not shortcuts or overpromises.
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Massachusetts Criminal Defense Lawyer
RICCIO LLC
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FREQUENTLY ASKED QUESTIONS
Common Questions About Criminal Charges
What should I do if I am arrested?
Exercise your right to remain silent. Do not speak to the police without a lawyer present. Contact a Massachusetts criminal defense attorney immediately to protect your rights and begin preserving evidence.
Should I take a plea or go to trial?
It depends on the strength of the evidence, your goals, and the risks. We’ll give you an honest, strategic assessment so you can decide with clarity—not pressure.
What are the long-term effects of a conviction?
A criminal conviction can lead to job loss, professional license revocation, difficulty with housing, loss of firearm rights, and immigration issues. We fight to secure a resolution that protects your future and professional life.
Can Riccio Law represent me if I was arrested in Boston?
Yes. While our office is in Quincy, we represent clients in courts throughout Massachusetts, including Suffolk, Norfolk, Plymouth, Bristol, Middlesex, and Barnstable Counties. We are prepared to defend clients in all Boston Municipal Court and Suffolk County Superior Court sessions.
How soon should I contact a criminal defense lawyer?
Immediately. Early legal guidance can prevent mistakes, influence how charges are filed, and strengthen your defense from the start.
Which locations does Riccio Law serve?
Riccio Law serves clients statewide, including Suffolk (Boston), Norfolk (Quincy), Middlesex, Plymouth, and Bristol Counties, offering aggressive legal defense throughout Massachusetts.
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We serve clients throughout the State, including, but not limited to communities across Norfolk County, Suffolk County, Middlesex County, and Essex County. This includes the Greater Boston area and surrounding cities such as Quincy, Boston, Cambridge, Somerville, Waltham, Newton, Brookline, Dedham, and Chelsea, as well as communities throughout the North Shore and MetroWest.
We also represent clients facing criminal charges in courts across the Commonwealth, regardless of where an arrest occurred.