Drug charges are among the most common and stressful legal issues, often carrying disproportionate penalties that can impact every aspect of your life and future for years to come. This article explains the essentials of Massachusetts drug charges that everyone facing them needs to understand, including:
- The distinction between felony and misdemeanor drug charges, and why it matters.
- The penalties you are likely to face for drug charges in Massachusetts.
- How to build an effective legal defense against drug charges.
Are Drug Distribution And Drug Possession Charged As Misdemeanors Or Felonies In Massachusetts?
In Massachusetts, simple possession of drugs is typically charged as a misdemeanor. However, if the charge includes distribution or even possession with intent to distribute, you will be facing a felony.
How Do Factors Like The Amount And Type Of Drug Impact The Charges Against You?
The types and amounts of drugs involved in your case will be crucial in determining the charges you are facing and how to approach your defense.
The quantity of drugs is usually the driving factor, although the thresholds differ for each substance. Larger amounts typically lead to more serious charges, with trafficking charges being imposed solely based on the quantity involved – these are among the most serious felonies.
Possession with intent to distribute is also a felony. This charge indicates you have enough drugs to suggest you are likely selling them but not enough to be classified as trafficking.
Simple possession, on the other hand, is a misdemeanor and involves having very small amounts of drugs. For example, having a small amount of cocaine in your pocket would be considered simple possession.
How Are Drugs Classified In Massachusetts Criminal Law?
While the weight or amount of the drug always matters, the type of drug is also significant, as it often defines the threshold amounts for different charges. In Massachusetts, drugs are classified from Class A through Class E, with Class E being the least serious and Class A the most serious.
A Class E substance might be something for which you could have a prescription but do not. Class D used to include marijuana, but it has largely been decriminalized. The major drugs to watch out for are heroin and fentanyl, both classified as Class A. These drugs are treated with the utmost seriousness and carry the most severe penalties due to their high potential for harm.
Attorney Matthew Kelley is a criminal defense lawyer with extensive experience handling drug crimes, charges, and cases from both sides of the legal aisle. With over a decade of experience prosecuting such cases and another decade defending against them, his insights could be invaluable in keeping you or a loved one out of jail after a drug arrest or charge.
If you, your child, or a loved one, has been arrested for drug possession, trafficking, or distribution in Massachusetts, it is time to contact Matthew P. Kelley, Attorney At Law, and schedule a consultation immediately.
Call For A Free Consultation - (508) 952-6565
Class B includes substances like mushrooms and cocaine, which remain illegal across the board. In addition to the amounts and types of drugs involved, other factors can also influence the charges you may face. For example, the presence of packaging materials, scales, baggies, money, multiple cell phones, or a ledger can impact the severity of the charges.
Due to the numerous factors involved in drug cases, they can be quite complex to navigate and require the assistance of an experienced defense attorney.
What Are The Typical Penalties For A Drug Conviction In Massachusetts?
The potential penalties for drug convictions vary drastically based on the charges you are facing.
Simple possession charges usually result in probation, especially for first-time offenders. You might also be required to attend drug treatment programs and classes or undergo drug screenings. On the other end of the spectrum, trafficking in narcotics will likely result in jail time, potentially in a state prison.
Generally speaking, the penalties for possession with intent to distribute or drug trafficking are more serious than those for simple possession. While simple possession for personal use typically does not lead to jail, drug trafficking almost always does. The rest falls somewhere in the middle.
Given the presence of tough mandatory minimum sentences for many of these charges, it is vital to have a lawyer on your side, even for the simplest of drug charges.
Is There More Leniency Shown Towards First-Time Offenders In Drug-Related Crimes?
While leniency is often shown to first-time drug offenders in Massachusetts, it largely depends on the specifics of the case.
If your first drug offense involves trafficking a large amount of fentanyl, there will be little leniency due to the severity of the crime and its impact on the community. However, for smaller, first-time possession offenses, there is generally more leniency.
What Types Of Criminal Defense Strategies Are Available For Drug-Related Charges?
Effective defense strategies can vary dramatically based on the type of crime, charge, and circumstances. For example, in first-time, low-level possession cases, we might aim to get the case dismissed with support letters from your community.
When the charges are more serious, there are two general types of cases: those involving drug dealers and those involving individuals selling to support a habit, each requiring different tactics.
For drug dealers, we examine the case from every legal standpoint, challenging search warrants, ownership of the drugs, and police methods. If credible legal defenses exist, we pursue them vigorously. If not, we negotiate with the DA to reduce the penalties.
For individuals who are addicted and selling to support their habit, we focus on finding inpatient programs and achieving drug-testing-based outcomes.
The defense of any case, however, starts with verifying that the police followed the law correctly and that the government has sufficient evidence. If everything was done correctly, we then work to mitigate the damage through negotiation.
For more information on Drug Charges In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 952-6565 today.
Attorney Matthew Kelley is a criminal defense lawyer with extensive experience handling drug crimes, charges, and cases from both sides of the legal aisle. With over a decade of experience prosecuting such cases and another decade defending against them, his insights could be invaluable in keeping you or a loved one out of jail after a drug arrest or charge.
If you, your child, or a loved one, has been arrested for drug possession, trafficking, or distribution in Massachusetts, it is time to contact Matthew P. Kelley, Attorney At Law, and schedule a consultation immediately.
Call For A Free Consultation - (508) 952-6565
