Were You Charged with a Drug Possession with Intent to Distribute Crime in Massachusetts?
Find Legal Representation from a Boston Drug Crime Attorney
Possession with intent to distribute is a much more serious charge than simple possession, and carries harsher penalties if convicted, as it is a felony. Drugs are classified by the U.S. government into 5 sections, otherwise known as “schedules.” The government considers Schedule I drugs to be the most dangerous drugs. These drugs are defined as having the high potential for abuse and dependency, with no medicinal value or healing potential for the person who uses them.
Certain drugs carry different penalties, such as:
- Marijuana: 2 years in jail, $500 fine
- Cocaine: 2 ½ years in jail, fine up to $10, 000
- Heroin: 10 years in prison, $10, 000 fine
If you were charged with possession with intent to distribute drugs, you need to retain legal counsel immediately. Keegan Law can review your situation to determine how best to fight your charges!
Understanding Sentence Enhancements
The state allows the courts to enhance any sentences for those who have had previous offenses on their record or are repeat offenders. Charges could be elevated to include steeper penalties, such as a longer jail sentences, or a misdemeanor charge could be raised to a felony charge. For drug crimes, the sentence can be enhanced even if the previous offense was a different type of drug crime or even if it occurred in a different state. The courts will look at all convictions on record for sentencing.
Enhanced sentences are often used when the individual possessed drugs with the intention to sell to a minor. Massachusetts Law §94.32F (2011) states that someone convicted of possession with intent to distribute to a minor under the age of 18 will have to serve a mandatory minimum sentence of five years in prison. They could also be fined anywhere from $1,000 to $25,000. Because any drug crime is harshly punished, finding defense for your case is an absolute necessity. Talk to our Boston drug crime attorneys!
Vigorous Defense for Your Case
In Massachusetts, there is no specific amount of drugs that will automatically elevate your charge from possession to possession with intent to distribute. The circumstances under which you were arrested will determine your charges, along with how the substance was packaged.
Even if there is no other evidence showing intent to sell drugs, you could be charged based on how many individual packages were present. The prosecution will try to use the circumstances of your case to prove your intent to sell or distribute, including the presence of twist ties, scales, baggies, or any traces of evidence that could potentially point out the possibility of your involvement.
Challenging the evidence, police testimonies, and other factors in your case can be difficult, but our firm knows how to maneuver through even the most complex cases. We have a former DEA trained narcotics investigator that knows the ins and outs of the law. Let us put this unique advantage to work for your case!
Call Keegan Law today! We fight vigorously to reduce charges, get cases dropped, or win an acquittal.