DiFruscia Law Offices

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DiFruscia Law Offices

A Strong Defense Against Criminal Charges

When your freedom and privileges are at stake, the advice you receive becomes extremely important. Our criminal defense lawyers are available 24/7 to help you with your criminal law matter. With over 50 years of experience, we will zealously protect your rights and interests.

We defend men, women and juveniles against a wide range of misdemeanor and felony criminal charges, including:

  • Drunk Driving: OUI, DUI, DWI
  • Drug Crimes: Possession and distribution
  • Theft Crimes: White collar crime, shoplifting, larceny and fraud
  • Assault and Violent Crimes: Sexual assault, physical assault, assault with a weapon
  • Domestic Violence: Criminal charges, restraining orders
  • Felonies: Armed robbery, rape, murder and all crimes punishable by more than 2.5 years in state prison

To discuss your defense in confidence with a skilled attorney, call DiFruscia Law Offices today at 978-208-2566.

General Criminal Law FAQs

What does MGLA stand for?

MGLA is the abbreviation for Massachusetts General Laws Annotated.

What does RSA stand for?

RSA is the abbreviation for Revised Statutes Annotated.

What is bail?

Bail is a method of reasonably assuring the court the defendant will not be a flight or safety risk. Courts generally look at certain criteria when setting bail, including: [MGLA Ch. 276 §20D, 42, 42A; RSA Ch. 597]

    • Any prior criminal record
    • The nature and circumstances of the offense
    • The potential penalty faced by the defendant
    • The defendant’s family ties, including children living in the community
    • Property owned in the community
    • Financial resources
    • Employment record
    • History of mental illness
    • Ties to the community, such as reputation and length of residence in the community
    • Any previous failures to appear at court
    • Whether the defendant is a potential danger to others in the community
    • Whether the defendant is already on probation or parole
    • Whether the defendant is already on release pending sentence or appeal for another conviction

What is a misdemeanor?

A misdemeanor is any crime punishable by incarceration in a state House of Corrections (“jail”) for less than 2.5 years. Misdemeanors include first time OUIs and simple drug possession.

What is a felony?

A felony is any crime punishable by incarceration in state prison for greater than 2.5 years. Felony crimes include murder, armed robbery and rape.

What is an arraignment?

An arraignment is a formal reading of the charge(s) in the presence of a defendant so that the defendant knows what they are charged with. The purpose of an arraignment is to inform the defendant of the charge(s) against them. In response to an arraignment, the defendant will enter a plea. A plea is the defendant’s response to the charges and is generally “guilty” or “not guilty.”

What is a mandatory sentence?

A mandatory sentence is when court discretion in conferring punishments for certain crimes is limited by law. Generally, this occurs when a person must serve a minimum number of years in prison for a particular crime.

OUI / DWI FAQs

What is an OUI/DWI?

OUI and DWI are abbreviations for “operating under the influence” and “driving while impaired,” respectively. This is the crime of illegally driving while impaired. Testing the driver’s blood alcohol content (BAC) is the method used to determine if you have been driving while impaired.

Massachusetts uses your blood alcohol content to determine if you can safely operate a vehicle or are illegally operating under the influence of drugs or alcohol (OUI). The BAC limit for drivers 21 years or older is 0.08%. If you are under 21 years old, the BAC limit is 0.02%.

In New Hampshire, the BAC level for drivers 21 years or older is 0.08%. For drivers under 21 years old, the BAC level is 0.02%. Commercial drivers are subject to a BAC limit of 0.04%.

What is considered a previous OUI/DWI offense?

In Massachusetts, a previous offense includes any criminal history since the date the defendant received their license.

In New Hampshire, a record of previous offenses for purposes of charging the OUI as a subsequent offense only goes back 10 years.

What are the penalties in Massachusetts?

In Massachusetts, the possible penalties for an OUI/DWI offense are as follows: [MGLA Ch. 90 Sec. 24]

  • First Offense:
    • No more than 2.5 years of imprisonment
    • Maximum suspension of license for one year, typically 45 days
    • If you are under 21 and found guilty of an OUI, license suspension for a first offense is 120 days.
    • Alcohol Education program
    • Fine of not less than $500 nor more than $5,000
    • Possibility of probation for up to one year
  • Second Offense:
    • Imprisonment for a minimum of 60 days (30-day mandatory sentence), but not more than 2.5 years
    • License suspension for up to two years
    • Fine of not less than $600 nor more than $10,000
    • 7-day treatment program or 14-day confined treatment program
    • Probation for up to two years
  • Third Offense: Felony
    • Imprisonment for not less than 180 days (150-day mandatory sentence), nor more than five years in state prison. Some time may be served in a correctional facility treatment program.
    • License suspension for up to eight years
    • Fine of not less than $1,000 nor more than $15,000
  • Fourth Offense: Felony
    • Imprisonment for not less than two years, nor more than five years in state prison
    • License suspension for up to 10 years
    • Fine of not less than $1,500 nor more than $25,000

What are the penalties in New Hampshire?

In New Hampshire, the penalties for an OUI/DWI offense are as follows: [RSA 265-A: 18]

  • First Offense:
    • Fine of not less than $500 nor more than $1,200
    • The court may suspend your license for up to six months
    • Required substance abuse screening (completed within 14 days of sentencing)
      • If results are negative: Impaired driver education program
      • If results are positive: Substance abuse disorder evaluation
  • Second Offense (Within 10 Years):
    • If prior conviction was within the past two years: Imprisonment for a minimum of 60 days, of which 30 days shall be suspended
    • If prior conviction was more than two years ago: Minimum of 17 days imprisonment, of which 12 days shall be suspended upon the condition of a substance disorder evaluation
    • Fine of not less than $750 nor more than $2,000
    • License suspension for at least two years
    • Mandatory enrollment in Impaired Driver Care Management Program
    • Substance abuse evaluation
  • Third Offense (Within 10 Years):
    • Imprisonment for no less than six months, of which 150 days shall be suspended
    • Fine of not less than $750 nor more than $2,000
    • License revoked indefinitely and shall not be eligible to petition for reinstatement for at least five years
    • Required 28-day residential treatment program
  • Fourth+ Offense (Within 10 Years): Felony
    • Imprisonment for no less than six months, of which 150 days shall be suspended
    • Fine of not less than $750 nor more than $2,000
    • License revoked indefinitely
    • Ineligible to petition for license reinstatement for at least seven years

What factors are considered when assessing an OUI/DUI charge?

Even if your blood alcohol content does not surpass the legal limit (0.08%), an officer may believe your driving skills are impaired if you:

  • Drive too slow or fast
  • Pass improperly
  • Randomly swerve over different lanes
  • Run over curbs
  • Drift over the fog line

Do I need to give the police my license when stopped?

Yes, you must produce both your license and registration.

Do I have to take a field sobriety test if asked?

No. Do not discuss or perform any field sobriety tests and insist upon calling your lawyer instead.

However, in New Hampshire, having a driver’s license means you have consented to a sobriety test by default. You still have a right to refuse a sobriety test, but you will lose your license for 180 days. [RSA 265-A:14]

If I think I can pass a breathalyzer test, should I take it?

If you are of the opinion that you could pass a breathalyzer test, call your lawyer before taking it.

What information should I get about the police?

Never be disrespectful to a law enforcement officer. Obtain all information as to what crime they are alleging you may have committed. You should also get names of the officers present and any witnesses.

What do I do if I am arrested?

Only tell the police officer your name, address and date of birth. Then, call your lawyer.

Drug Crimes FAQs

What are some common drug offenses?

  • Possession: It is a crime to knowingly and intentionally have one or more illegal drugs in one’s control with the intent to use them for personal use, distribution or sale. The kind of drug and amount possessed affect the level of punishment for this offense.
  • Distribution: The illegal selling, transportation or import of unlawful substances. Drug distribution and transportation are felonies, meaning it they are more serious crimes than drug possession.
  • Manufacture and Sales: Knowingly and intentionally producing and/or selling any form of illegal substance. This includes illegally prescribing or advertising drugs without a professional license.

What drugs are illegal in Massachusetts and New Hampshire?

A list of illegal drugs in Massachusetts and New Hampshire includes but is not limited to:

  • Marijuana (New Hampshire only)
  • Cocaine
  • Heroin
  • LSD
  • Methamphetamine
  • Ecstasy

What is the penalty for possession of marijuana in New Hampshire?

It is a crime to knowingly possess marijuana in New Hampshire. Penalties include a minimum fine of $350 for a first offense and $500 for a second or subsequent offense. [RSA §318-B:26]

What are the penalties for a drug offense in Massachusetts and New Hampshire?

Incarceration and fines depend on the drugs and quantities involved, but the penalties are more severe for distribution than for possession cases.

Do I really need a defense attorney to handle my case?

The penalties for drug offenses, such as distribution and possession, threaten your rights and liberties. For this reason, it is important to consult with an experienced defense attorney who can advocate for your best interests.

Assault And Violent Crimes FAQs

What is simple assault?

In New Hampshire, a person is guilty of simple assault if they: [RSA 631-2:A]

  • Purposely cause bodily injury or unauthorized physical contact to another
  • Negligently (carelessly) cause bodily injury to another by means of a deadly weapon

In Massachusetts, a person is generally guilty of simple assault if they: [MGLA Ch. 265 §13A]

  • Attempt to cause or purposely, knowingly or recklessly cause bodily injury to another
  • Negligently cause bodily injury to another with a deadly weapon
  • Attempt by physical menace to put another in fear of imminent bodily injury

What is first-degree assault?

In New Hampshire and Massachusetts, a person is generally guilty of assault if they:

  • Purposely cause serious bodily injury to another
  • Purposely cause serious bodily injury to another by means of a dangerous weapon
  • Knowingly cause serious bodily harm to someone of a specially protected class (e.g., young, old, etc.)

What is assault and battery?

Assault generally means the threat of an imminent, harmful and unauthorized contact of one person to another. Battery generally refers to offensive and harmful touching that result in physical injury. These crimes are usually cited together to include the imminent threat and unauthorized contact between two persons that results in serious bodily injury. [RSA 631:1; MGLA 265 §13A]

What does “serious bodily injury” mean?

Massachusetts defines a serious bodily injury as any injury that results in permanent impairment of a bodily part or function, disfigurement, extreme mental anguish, or loss of a limb or organ. [MGLA 265 §13A]

New Hampshire defines a serious bodily injury as any harm to the body which causes severe, permanent, or protracted loss or impairment to the health or of the function of any part of the body. [RSA 625: 11 VI]

What is a considered a deadly weapon?

A deadly weapon includes any firearm, knife or other item that, in the manner it is meant to be used, is known to be capable of producing serious bodily injury or death. [RSA 625:11; MA 265 §15A]

What factors will a judge consider in determining my punishment?

As always, a judge will consider the type of crime and the circumstances surrounding the crime when sentencing. For an assault or assault and battery conviction, these factors might include the extent of the injury, the individual’s relationship with the victim and any prior criminal record. It is best to consult with a criminal defense attorney to ensure your interests are being advocated and your defense is properly presented.

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