Drug Related Offenses
Penalties for trafficking, possession w/ intent to distribute or even simple drug possession charges can be substantial.
You face losing your driver's license for a minimum of 1 year! If your constitutional rights have been violated I will move to suppress
the evidence that the Commonwealth intends to use against you at trial. Call Attorney Beauchain -
(774) 237-0893. Attorney Beauchain will read the police report and tell you honestly what your chances are of getting the evidence against
you suppressed as well as your chances at trial.
Below are the Massachusetts maximum penalties for drug offenses:
Possession [M.G.L. 94C, §34]
1st Offense
- up to 1 year jail
- $1,000 fine
- HEROIN - up to 2 ½ years jail and/or $2,000 fine
- Marijuana (more than 1 oz.) - 6 mos. jail and/or $500 fine
Class A - Heroin, Codeine, GHB (Gamma Hydroxy Butyric Acid), Ketamine ("Special K");
Class B - Oxycontin, Oxycodone, Vicodin, Percoset, Percodan, Cocaine, Crack Cocaine,
"Ecstacy" (MDMA), LSD,
Methamphetamine, Fentanyl, Methadone, Opium;
Class C - Mescaline, Peyote, Psilocybin (mushrooms), Lorazepam, THC (Tetrahydrocannabinols);
Class D - Marijuana, Phenobarbital; Nitrosoxy-Methyl-Propane ("Nitros");
Class E - Gabapentin, Xanax (prescription drugs not included in Classes A-D).
OXYCODONE....
including the ubiquitous OXYCONTIN brandname, is a Schedule I federally controlled substance that is being enforced with draconian fervor in the Trial Courts of the Commonwealth. Further, Massachusetts has an electronic prescription monitoring system in place to assist law enforcement. If you've been charged with illegal possession of Oxycodone or the brand name Oxycontin call Attorney Beauchain. Attorney Beauchain will read the police report to ascertain whether there is a colorable claim to suppress the evidence. If your Fourth Amendment right was violated a motion to suppress the evidence could prevent the Commonwealth from using the evidence it intends to use against you at trial.
Possession with intent to distribute [M.G.L. c. 94C, §32D]
Class A:
- up to 2 ½ years jail or up to 10 years state prison
- $1,000 - $10,000 fine
Class B:
- up to 2 ½ years jail or up to 10 years state prison
- $1,000 - $10,000 fine
Class C:
- up to 2 ½ years jail or up to 5 years state prison
- $500 - $5,000 fine
Class D:
- up to 2 ½ years jail
- $500 - $5,000 fine
Class E:
- up to 9 mos. jail
- $250 - $2,500 fine
Trafficking [M. G. L. c. 94C, § 32E (b) (3)]
- Fourteen grams: 3 years minimum jail & possible $2,500 - $25,000 fine
- Twenty-eight grams: 5 years minimum jail & possible $5,000 - $50,000 fine;
- One hundred grams: 10 years minimum & possible $10,000 - $100,000 fine
Violating drug laws within a school zone [M.G. L. c. 94C, § 32J];
- 1,000 ft. of school
- 2 - 2 ½ years jail
- 2 ½ years - 15 years state prison
Conspiracy to Violate Drug Laws [M.G. L. c. 94C, § 40]
- Maximum sentence of the underlying controlled substance act offense.
Forgery and Uttering Prescription for Drugs - Fraudulently Obtaining Possession of Drugs [M.G.L. c.94C, §33]
- up to 2 ½ years jail
- up to 8 years state prison; or
- up to $30,000 fine
- or both fine & imprisonment
You need a competent legal defense strategy to avoid these maximum penalties. Call Attorney Beauchain today!
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