Possession of Illegal Substances with Intent to Distribute and Distribution is the charge used by law enforcement when there is suspicion because of either the quantity of drugs involved, how the drugs are packaged, or other factors indicating that the controlled substances are not for personal use, or that the controlled substances have in fact been distributed. This is not always correct, and an aggressive Massachusetts Drug Distribution Attorney will fight these charges to get them reduced to a simpler, less severe charge of possession, or to have them dismissed in their entirety.
Possession With the Intent and Distribution Penalties Class A SubstancesFor first time offenders, the crime of possession with the intent to distribute a class A substance (i.e. Heroin and Fentanyl) or distribution of a class A substance is punishable by either a house of correction sentence or a state prison sentence. The maximum sentence for any crime in the house of correction is 2 ½ years. First offenses can often be resolved without the person having to serve a sentence and possibly without them getting a criminal record.
Second and subsequent offenses come with a mandatory minimum sentence of 3 ½ years in state prison and a fine of $2,500.
Class B SubstancesThe penalty for a first offense of possession with intent to distribute a Class B substance is up to 10 years in state prison or 2 ½ in jail or house of corrections with a fine ranging from $1,000 to $10,000. However if the substance an individual is accused of distributing is cocaine or methamphetamine these charges cannot be placed on file or continued without a finding. First offenses can sometimes be resolved without the individual accused having a criminal record and therefore, it is essential to hire an experienced Boston Drug Distribution Lawyer to ensure your rights are protected.
The penalty for a second and subsequent offense for possession with intent to distribute or distribution Class B is more significant. Although recent legislation has abolished mandatory minimum sentences for a second and subsequent offenses, these offenses nevertheless may not be placed on file or continued without a finding. If an individual is facing a second or subsequent offense for distribution or possession with intent to distribute cocaine or methamphetamine the mandatory minimum sentence has likewise been abolished, but the offender will face a maximum sentence of up to 15 years in state prison with no house of correction alternative.
Class C SubstancesThe punishment for an individual accused with possession with intent to distribute or distribution of a Class C substance (i.e. Xanax, Vicodin, Klonopin) is a state prison sentence up to five (5) years, a sentence in jail house of corrections up to two and a half years (2 ½) or a fine ranging from $500 to $5,000.
The punishment for a second offense of distribution or possession with the intent to distribute a Class C substance no longer has a mandatory minimum sentence pursuant to the recently enacted legislation, An Act Relative to Criminal Justice Reform. A second and subsequent offense of distribution Class C is punishable by a maximum sentence of up to 10 years in state prison or up to 2 ½ years in the house of correction.
Class D SubstancesThe penalty for possession with intent to distribute or distribution of a Class D substance (i.e. Marijuana) is up to 2 years in state prison, a fine ranging from $500 to $5,000 or both. If someone is charged with a second offense of distribution of a Class D substance they face a maximum sentence of up to 2 ½ years in the house of correction.
Class E SubstancesThe punishment for distribution or possession with the intent to distribute is up to nine (9) months in jail, or a fine of $250 to $2,500, or both. A person with a prior distribution conviction facing distribution or possession with the intent to distribute a Class E substance faces up to one and a half years (1 ½) in jail, or a fine ranging from $500 to $5,000 or both.
Possession With Intent to Distribute - Second OffenseAn individual may be charged as a second offender in Massachusetts as long as they have been convicted of this crime in Massachusetts, or a similar crime in any other state, federal court, or other territorial areas. The crime must be very similar to this one if it is from a different jurisdiction, which usually means the crime the individual was convicted of contains the same elements as the Massachusetts statute. Being charged with a second offense of possession with intent to distribute or distribution in Massachusetts is a serious offense, and it is important to contact a Drug Distribution Lawyer in Massachusetts who has dealt with these offenses before.
A person charged with Possession with the Intent to Distribute or Distribution of Controlled Substances is facing serious charges that demand the representation of an aggressive and fearless criminal drug defense attorney who has successfully represented clients in Possession with Intent cases and Distribution cases. Call Criminal Drug Defense Lawyer Stephen Neyman at 617-263-6800 or click here to send an email to discuss your case and find out what your next step must be.
Defending Possession With Intent to Distribute or DistributionThe charge of possession with intent to distribute or distribution is an extremely serious one, and requires different strategies than any other drug charges. While every case is different, Boston Drug Offense Attorney Neyman will conduct a thorough investigation into the arrest and surrounding circumstances. He will build a solid defense, using different strategies. He will challenge how the arrest took place, whether an illegal search and seizure took place, determining if the police had probable cause to search your home, place of business or car. He will also find out why a charge of Possession with Intent was made and will fight to have the charges reduced to Possession, which carries less severe sentencing.
For a first time offender, a skilled lawyer can make the difference between serious felony changes that lead to imprisonment and a good chance of having the case reduced to probationary terms.
If this is not your first arrest, who you hire to defend you is even more critical. Your attorney must know how the criminal justice system works in the real world to minimize charges and negotiate on your behalf. He will tell you what your options are, what kind of penalties are at stake, and give you ideas of how to make the best of a bad situation.
Call Massachusetts Criminal Drug Defense Lawyer Stephen Neyman at 617-263-6800 or click here to send an email to discuss your case. Attorney Neyman will respond right away to your call or email.