Criminal Defense Cases

1) Assault & Battery; 2) Open & Gross Lewdness.

Summary: After less than 20 minutes of deliberations, the jury returned a Not Guilty verdict on a single count of Open & Gross Lewdness. At the close of the government’s case, Attorney Riccio successfully argued for a required finding of Not Guilty on the A&B charge, leaving the jury to deliberate only on the Open & Gross charge. In this case, the criminal complaint initially charged Attorney Riccio’s client with felony Indecent Assault & Battery on a Person 60+, but the charge was reduced to misdemeanor Assault & Battery after a Motion to Dismiss for lack of probable cause was allowed by the judge.

1-2) Leave Scene of Property Damage

3) Negligent Operation

4) OUI-Liquor

Summary: Attorney Riccio filed a Motion to Dismiss all four charges based on the police’s failure to provide the Defendant with a Massachusetts Uniform Citation in a timely manner in violation of the “No-Fix” statute. After a hearing on the motion, including testimony from a police officer, the judge allowed the Motion to Dismiss.

Identity Fraud

Summary:  Attorney Riccio filed a Motion to Dismiss for a lack of probable cause arguing there was no financial element to the allegation, as required by law. The motion judge initially denied the Motion to Dismiss, but Attorney Riccio filed a Motion for Reconsideration contending the judge made a clear error of law. After arguing the Motion to Reconsider, the motion judge reversed their ruling and allowed the Motion to Dismiss.

1) OUI-Liquor

2) Negligent Operation of Motor Vehicle

1. OUI-Liquor;
2. Negligent Operation of Motor Vehicle

1. A&B on Family/Household Member