If you have been charged with drug possession, the fines and punishment you are facing will depend on multiple factors. The main considerations will be the class of the drug in question, the amount of the drug in your possession, and what you intended to do with it. If you are only charged with possession, for example, the penalties and fines will likely be much less than if you are charged with possession with intent to distribute. If you are facing drug charges, contact a Boston drug possession defense lawyer today.
Drug Classes
In Massachusetts, drugs are categorized by type and class. The current classifications are:
- Class A: Heroin and opiates such as Morphine, and certain “designer drugs”, including Ketamine (Special K).
- Class B: Cocaine, MDMA and Ecstasy, LSD (acid), Amphetamines (speed), Crystal Meth, PCP, Methadone, and some prescription opiates such as Oxycontin and Percocet.
- Class C: Prescription narcotics and tranquilizers such as Valium and Hydrocodone, some hallucinogenic substances, including mushrooms and peyote.
- Class D: Phenobarbital, and small doses of certain prescription narcotics. Marijuana was previously also a Class D drug, but effective December 15, 2016, adults can possess and use marijuana in MA.
- Class E: Very light doses of some prescription narcotics, such as codeine (Tylenol #3).
Cocaine
If you are facing cocaine possession charges, you may find yourself behind bars for up to one year and with a fine of up to $1000, if this is your first offense. In addition, you may lose your license for up to one year. If, however, you are charged with possession with intent to distribute, the penalty is a two-and-a-half year jail sentence and a fine of at least $1,000, up to $10,000. If this is your second or subsequent offense for possession with intent to distribute, you may face a mandatory three year prison sentence, up to $25,000 in fines, and a mandatory three-year loss of your license.
Heroin
A first time heroin possession conviction carries a penalty of not more than two years in jail and a fine of not more than $2,000. Possession with intent to distribute charges bring more severe penalties; up to 10 years in a state prison and a fine of up to $10,000 for a first offense. A second offense can land you in prison for up to 15 years, with a mandatory minimum sentence of five years.
Defenses
Multiple defenses exist in drug possession cases, including those that involve an intent to distribute. Drug cases are typically based on physical evidence found during a search of your home, car, or person. Police are just as prone to mistakes as other human beings. If any rules were broken during the search, the error may work in your favor. Were your constitutional rights violated? If proper guidelines weren’t followed, evidence may not be admissible. This often results in a reduction in charges, or the charges being dropped altogether. A skilled criminal defense attorney will review the evidence to ensure that protocol was followed to a “T”. If anything during the arrest or investigation seems amiss, an experienced attorney will use it to your advantage. Contact a Boston criminal defense lawyer today.
Altman & Altman, LLP – Criminal Defense Lawyers Serving All of Massachusetts
If you have been charged with any type of crime, from OUI to burglary, the skilled defense team at Altman & Altman, LLP can help. We will fight tirelessly to protect your rights, reputation, and freedom. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.