Possession with Intent to Distribute Drugs

Suffolk County Defense Attorney Serves Clients Facing Serious Drug Crimes

Over the past decade, there has been a shift in how society views drug use. While it used to be that drug users were all “criminals,” there is now a greater understanding that drug addiction is a form of mental illness. However, while there is now a greater emphasis on treatment and services for drug users, this has resulted in a shift towards the aggressive prosecution of those who put the drugs in user’s hands. If you are facing charges related to the possession with intent to deliver a controlled substance, Boston criminal defense lawyer Patrick J. Murphy can help. Attorney Murphy has more than 25 years of experience successfully handling all types of serious felony cases and knows what it takes to beat a drug case.

What Makes Out Possession with Intent to Distribute?

There are two main categories of Boston drug crimes; those involving possession for personal use and those involving manufacturing and sale. When it comes to the latter, the law prohibits not only the actual sale of drugs but also the possession with the intent to sell them. This is why many people refer to felony drug distribution charges as possession with the intent to distribute.

Punishments for Boston Possession with Intent Crimes

Massachusetts classifies controlled substances into five classes. There are many drugs that fall into each class; however, below is a list of the most commonly encountered drugs in each schedule:

Class A – Heroin, fentanyl, ketamine

Class B – Cocaine, crack, MDMA (ecstasy), opium, methadone

Class C – Diazepam, mescaline, psilocybin (magic mushrooms)

Class D – Marijuana

Class E – Certain cough syrups containing a low volume of codeine and other prescription drugs not otherwise listed

Generally, the punishment you face after a Boston drug arrest will depend on the type of substance you possessed and whether you have a prior conviction for possession with intent to distribute.

Punishments for Class A Substances

For a first offense possessing a Class A substance with the intent to distribute, you face a maximum term of imprisonment of up to ten years in state prison or 2.5 years in a house of correction. However, for a second offense, you will a mandatory minimum jail sentence of 3.5 years, with a maximum of 15 years.

Punishments for Class B Substances

The punishment for your first conviction for possession with intent to distribute a Class B substance is the same as for a Class A substance. However, upon a second or subsequent conviction, Class B offenses carry a maximum of 10 years in state prison. Notably, there is no mandatory minimum in this circumstance.

Punishments for Class C Substances

If you face possession with intent to distribute a Class C substance, you could serve a sentence of up to five years in state prison or 2.5 years in a house of correction. For second and subsequent offenses, the maximum term of imprisonment increases to 10 years in state prison, or 2.5 years in a house of correction. Notably, there is no mandatory minimum in this circumstance.

Punishments for Class D Substances

The punishment for possession with intent to distribute marijuana (or other Class D substances) can result in a maximum term of two years in a house of correction. If you are convicted of a second or subsequent offense, the maximum punishment increases to 2.5 years in a house of correction.

Punishments for Class E Substances

A first conviction of possessing a Class E substance with the intent to distribute carries a maximum term of imprisonment of 9 months in a house of correction. For any second or subsequent offense, the maximum sentence you could receive increases to 18 months in a house of correction.

Are You Facing Serious Boston Drug Charges?

If you were arrested and charged with possession with intent to distribute—even if it is your first offense—it is imperative that you work with an experienced lawyer. Attorney Patrick J. Murphy has helped countless clients who faced serious felony drug charges keep their freedom. Whether he is negotiating with the prosecutor on your behalf, arguing a motion to suppress evidence, or litigating your case in front of a jury, Attorney Murphy has the skill, experience and dedication to ensure your interests are protected throughout the process. To learn more, and to schedule a free consultation, call (617) 367-0450 today.