Boston Drug Crime Lawyer
Drug Crime Charges in Massachusetts
In the state of Massachusetts, drug charges are classified by classes depending on the drug in your possession at the time of your arrest. Boston drug crime charges and the penalties served will also be determined by the amount of the drug found in your possession. Depending on the amount found, your charge can be increased from simple marijuana possession to possession with intent to sell, which is a significantly harsher sentencing.
Are you facing a drug possession or drug trafficking charges? Allow our experienced attorneys at Gens & Stanton, P.C. to help you address them swiftly and decisively. Our team of Boston drug crime attorneys has experience in a variety of drug-related cases. When it comes to your future, be sure to have our legal team by your side.
Are you facing drug charges in Boston? Schedule your free consultation with one of our experienced drug crimes attorneys to start building your defense!
Massachusetts Drug Possession Laws & Penalties
In Boston, illegal substances are organized by class, and possessing these banned substances will result in a possession charge. According to MGL c. 94c s. 31, an individual can be charged with possessing a controlled substance if they have a classified illegal substance. The substance must be in the individual's control, such as in their hands, pockets, or otherwise.
This applies to most controlled substances; however, when it comes to heroin, an individual can be charged with possession if they are in the presence of the drug. The classification of the substance heavily impacts the penalties associated with possession.
Class A Drugs include morphine, GHB, heroin, and fentanyl.
- Punishable by up to 2 years in jail and a $2,000 fine.
Class B drugs include cocaine, LSD, Oxycontin, ecstasy, methamphetamine, and PCP.
- Punishable by up to 1 years in jail and a $1,000 fine.
Class C drugs include vicodin, valium, and clonzepam
Punishable by up to 1 year in jail and a $1,000 fine.
Class D & E drugs include marijuana and small amounts of medication containing codeine.
Punishable by up to 6 months in jail, a $500 fine, and a 1-year license suspension.
Understanding the Consequences of Drug Possession
Being charged with drug possession in Massachusetts can have serious consequences. It is important to understand the potential penalties and legal implications of such charges. At Gens & Stanton P.C., our experienced Boston drug crime lawyers can provide you with the guidance and representation you need to navigate through the legal process.
Penalties for drug possession in Massachusetts can vary depending on factors such as the type and quantity of drugs involved, prior convictions, and intent to distribute. Some of the potential consequences may include:
- Driver's license suspension
- Mandatory drug education programs
- Community service
- Loss of employment opportunities
- Difficulty obtaining housing or student loans
It is important to remember that being charged with drug possession does not automatically mean you are guilty. There are various legal defenses that can be used to challenge the charges against you. Our skilled attorneys will thoroughly review your case, gather evidence, and develop a strong defense strategy tailored to your specific situation.
If you or a loved one is facing drug possession charges in Boston, contact Gens & Stanton P.C. today to schedule a consultation with one of our experienced drug crime lawyers. We are committed to protecting your rights and fighting for the best possible outcome in your case.
Is Marijuana Legal in Massachusetts?
Marijuana is legal in Massachusetts. In 2016, Massachusetts legalized the recreational use of marijuana, allowing adults over the age of 21 to possess up to one ounce of marijuana outside of their home and up to 10 ounces within the home.
The law also allowed homeowners to grow up to six marijuana plants in their residence, with the ability to gift one ounce of marijuana to another individual. If you are found to have more than the authorized amount, you can be charged with drug possession and trafficking.
Common Legal Defenses for Drug Crimes
One of the most important steps you must take if you are facing drug charges is hiring a criminal defense lawyer who has experience handling drug crimes. Your drug crime attorney can evaluate your case and determine the best available legal defense for your charges.
The most common legal defenses in drug crimes include:
- Unlawful search and seizure: Evidence obtained through an unlawful search and seizure may be suppressed and cannot be used in a criminal trial. For instance, if the police conducted a search of a person's property without a warrant or probable cause, any evidence found during the search may not be admissible in court.
- Entrapment: This defense is used when the defendant is induced or coerced by law enforcement officials to commit a crime that they would not have committed otherwise. For instance, if an undercover officer pressured someone into buying drugs, it may be considered entrapment.
- Lack of knowledge or intent: If the defendant can demonstrate that they did not know the substance was illegal or did not intend to commit a crime, they may be able to avoid conviction. For instance, if a person unknowingly ingested a substance that contained drugs, they could argue that they did not have the intent to commit a crime.
- Medical necessity: This defense is used in cases where a person is accused of possessing or using drugs for medical purposes. For instance, if a person has a medical condition that can only be treated with a substance that is illegal, they may be able to argue that their use was medically necessary.
- Insufficient evidence: If the prosecution cannot prove the elements of the crime beyond a reasonable doubt, the defendant may be acquitted. For instance, if the prosecution cannot prove that the substance in question is a controlled substance or that the defendant had possession of the substance, they may not have sufficient evidence to secure a conviction.
- Violation of rights: If the defendant's constitutional rights were violated during the investigation or arrest, they may be able to use this as a defense. For instance, if the police coerced a confession or used excessive force during an arrest, any evidence obtained as a result of the violation may be suppressed.
Contact a Boston Drug Crime Lawyer Today
Whether you've been charged with possession of narcotics, intent to sell, drug trafficking, or drug manufacturing, our Boston criminal defense lawyers can help! Contact us today.