Under MA G.L. c. 94C, § 32E, an individual can be charged with drug trafficking if they intentionally manufacture or distribute- marijuana, cocaine, methamphetamine, heroin, morphine, opium, fentanyl, or other controlled substances. An individual may also be charged under the drug trafficking statute, if they possessed these illegal substances with the intent to distribute or by simply brining a certain amount of these substance into the state. Many trafficking sentences have severe state or federal mandatory guidelines- but strong and aggressive representation from an experienced Massachusetts Drug Trafficking Attorney can make a difference.
Penalties Under Drug Trafficking LawThe decision which influences whether an individual will be charged with drug trafficking is based on the amount of illegal drugs in possession, the presence of drug distribution paraphernalia (i.e. plastic bags, envelopes, scales, etc.); or simply the presence of drugs or distribution paraphernalia and a large amount of cash. Being charged with Drug Trafficking is a much more serious charge than possession of illegal substances for personal use and is prosecuted much more severely.
For example, marijuana trafficking charges penalties increase due to the amount it is alleged the defendant’s to have trafficked- from 50 pounds of marijuana to 10,000 pounds or more. Each sentence carries a mandatory minimum sentence ranging from 1 to 8 years with the maximum sentence allowed to be imposed as 15 years. The fine for marijuana trafficking range in the amount of $500 up to $200,000. For more information about penalties and how a skilled Boston Drug Trafficking Lawyer- Stephen Neyman, can defend an individual charged with this crime, visit our Marijuana Trafficking section.
Additionally, the amount of cocaine alleged to have been trafficked increases the punishment an individual may face. The amount of cocaine is separated into categories which increases jail time and fines from 18 grams to 200 or more grams of cocaine. Each charge carries a mandatory minimum sentence, ranging from 2 to 12 years, with the most severe charge allowing a sentence to be imposed for 20 years. To learn more specifically about being charged with Trafficking Cocaine, visit our Cocaine Trafficking Website.
The amount of heroin, morphine, opium, or fentanyl a defendant is accused of trafficking increases how severe these penalties are as well. This is the most severe Drug Trafficking Charge an individual can be charged with and it is essential that you contact a Drug Trafficking Lawyer in Massachusetts immediately, as the penalties are much more serious than trafficking cocaine or marijuana. The mandatory minimum sentences vary from 3 1/2 years, all the way up to 12 years, with the potential for an individual to be sentenced to 30 years and a fine of $500,000. To learn more about the specific penalties and fines for the amount of Heroin the individual is accused of trafficking, visit our Heroin Trafficking Website.
Recent Changes to Drug Trafficking StatuteEffective February 22, 2016 the Massachusetts Legislature amended the Drug Trafficking statute to include the substance of Fentanyl, which has garnered extensive coverage in the media recently. Fentanyl can be mixed with various other drugs, such as cocaine or heroin, to increase the effect the drug has on the user. Fentanyl has also been linked to multiple overdoes and death across the country and the state.
To be convicted under this statute, an individual needs to be found guilty beyond a reasonable doubt, to have intentionally distributed 10 or more grams of fentanyl, possessed the 10 or more grams with the intent to distribute or to have brought that amount of Fentanyl into Massachusetts. The penalty for trafficking fentanyl is up to 20 years in state prison. If you have been charged with trafficking fentanyl, you need a skilled criminal defense lawyer to defend you. Call Boston Drug Trafficking Attorney Stephen Neyman at 617-263-6800 immediately or send him an email here.
Defending a Criminal Drug Trafficking ChargeTo successfully defend against a drug trafficking charge, you need an experienced criminal defense attorney who understands the defenses that will work to protect your freedom. If your Attorney can clearly demonstrate that your Constitutional Rights have been violated, it may be possible to have the court dismiss the case. If the trafficking charge is inappropriate and the result of an overly-zealous police action, Attorney Stephen Neyman will work with the prosecutor’s office to determine exactly why the charge was trafficking and not possession, and to have the charges reduced or dismissed completely.
If you have been charged with trafficking a controlled substance, it is vital that you contact Boston Criminal Drug Lawyer Stephen Neyman immediately. Attorney Neyman has successfully represented clients charged with drug trafficking in Massachusetts and won acquittals, had charges reduced to possession, or dismissed because of lack of due process. Call 617-263-6800 immediately or click here to send an email.