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Drug offenses
Commonly Charged Drug Crimes
c. 94C s. 34 Possession of Illegal Drugs
c. 94C s. 32(a) Possession with Intent to Distribute Illegal Drugs
c. 94C s. 32(a) Distribution of Illegal Drugs
94C s. 32E(a)(1) Trafficking in Marijuana
94C s. 32E(b)(1) Trafficking Illegal Narcotics
c. 94C s. 40 Conspiracy to Violate the Drug Law
c. 94C s. 33(c) Obtaining Illegal Drugs by Fraud
Narcotics crimes can be separated categorically based on the statutory class of the drug, the amount (tested weight), and whether there is any evidence of distribution versus personal use. Class A substances, like heroin and fentanyl, are treated the most severely under Massachusetts General Laws Chapter 94C, and carry the most significant potential sentences. The scale drops down through class E drugs, like Xanax, which are viewed as the least dangerous under the law. Marijuana, which is legal in Massachusetts for adult recreational use, is considered a class D substance if the government has evidence that the seized marijuana was for more than simple personal use.
A conviction for trafficking certain drugs, namely heroin, fentanyl, cocaine, and methamphetamine will carry significant minimum mandatory prison sentences. Just below the “trafficking” threshold are the felony crimes of distribution of drugs and possession with intent to distribute drugs. While these charges do not carry minimum mandatory sentences, you can still face significant prison or jail time if you are convicted for a drug distribution offense. Additionally, a distribution conviction for a class A or class B narcotic will create potential sentencing enhancements on your criminal record if you’re ever charged with another crime, particularly any firearms crimes. Simple drug possession is a misdemeanor, and carries a shorter potential jail sentence. However, a drug possession conviction could still have life-long effects on your job prospects and the perception of your criminal record.
In order to prove the felony offense of possession of a drug with intent to distribute it, the government must prove beyond a reasonable doubt that: (1) the substance in question was an illegal banned substance, (2) the client possessed a perceptible amount of the substance, and (3) the client had an intent to distribute the substance. All three elements can be easily attacked if you have an experienced defense attorney on your side. The substance in question needs to be chemically tested and weighed and the government has to use an certified expert chemist to testify to those procedures. An aggressive defense attorney can pose critical questions to challenge the chemist’s educational background, the accuracy of the testing procedures and the chain of custody protocol used to ensure safekeeping of the substances before trial. In addition, if the drugs are found within the proximity of the client, rather than on his or her physical person, then we will have a meaningful opportunity to attack the premise that the client had knowledge of the drugs, which is a critical component of the “possession” element.
Last, the government’s evidence of an “intention to distribute” the drugs generally falls into two categories. First, the police seek admissions of an intent to distribute while questioning the client. A diligent attorney will explore any and all possibilities that inculpatory statements or admissions were obtained unconstitutionally. Second, the government uses “indicia of distribution” evidence at trial, meaning any of the client’s seized items that may give the appearance of a drug distribution enterprise. Many of these items, such as cash, cell phones, and notebooks, are ordinary household items that an experienced attorney can mitigate to a jury. Additionally, there may be evidence that the indicia items don’t actually belong to the client.
How Attorney Chin can help
Handling your drug offense
An experienced drug crime defense attorney has an acute understanding of constitutional privacy protections and suppression case law. Attorney Chin will aggressively challenge the government to prove that the drugs in your case were seized in a way that didn’t violate your privacy rights. At these hearings, the involved law enforcement officers will be confronted to prove that they followed the law and acted in compliance with their training and department policies. In addition, we will file a multitude of pretrial motions to limit the government’s trial evidence. Attorney Chin has years of experience both prosecuting and defending drug crimes in Massachusetts. He understands how jurors perceive reasonable doubt in narcotics cases, and knows how to attack the government’s evidence piece by piece.
A prudent defense attorney also knows how to navigate high-stakes negotiations with government lawyers to resolve cases. Attorney Chin diligently advocates for his clients in order to avoid harsh minimum mandatory sentences and pleas that create additional sentencing enhancements. If you’re a drug user who has been wrongly accused of being a drug dealer, Attorney Chin can help you to achieve the best possible outcome with the added goal of rehabilitating any dependency problems you may have. We will use all of our resources to develop a treatment plan that helps you to avoid a drug dealing conviction while also guiding you in seeking assistance.
Drug Crime Penalties
Trafficking Fentanyl
10 or more grams of Fentanyl, or any derivative thereof, requires a mandatory minimum 3 ½ year prison sentence. The maximum sentence is 20 years.
Trafficking Heroin
Possession of at least 14 grams and up to 28 grams: State prison sentence of 5 to 20 years – with a mandatory minimum sentence of 5 years.
Possession of at least 28 grams and up to 100 grams: State prison sentence of 7 to 20 years – with a mandatory minimum sentence of 7 years.
Possession of at least 100 grams and up to 200 grams: State prison sentence of 10 to 20 years - with a mandatory minimum sentence of 10 years.
Possession of 200 grams or more: State prison sentence of 15 to 20 years - with a mandatory minimum sentence of 15 years.
Trafficking Cocaine
Possession of at least 14 grams and up to 28 grams: State prison sentence of 3 to 15 years – with a mandatory minimum prison sentence of 3 years.
Possession of at least 28 grams and up to 100 grams: State prison sentence of 5 to 20 years - with a mandatory minimum prison sentence of 5 years.
Possession of at least 100 grams and up to 200 grams: State prison sentence of 10 to 20 years – with a mandatory minimum sentence of 10 years.
Possession of at least 200 grams or more: State prison sentence of 15 to 20 years – with a mandatory minimum sentence of 15 years.
Distribution of Class A or B Substances
Potential maximum of 10 years in state prison or 2.5 years in the house of corrections.
For second or subsequent offenses, minimum mandatory sentence of 3.5 years in state prison.
Distribution of Class C Substances
Potential maximum of 5 years in State Prison or 2.5 years in the house of corrections.
For second or subsequent offenses, potential maximum of 10 years in state prison or 2.5 years in the house of corrections.
Distribution of Class D Substances
Potential maximum of 2 years in state prison or 2 years in the house of corrections.
For second or subsequent offenses, potential maximum of 2.5 years state prison or 2.5 years in the house of corrections.
Common Defenses
Law enforcement officials violated your privacy rights when they seized the drugs, and therefore, the evidence should be excluded.
The client had no possession of constructive possession of the drugs.
The client had no knowledge of the drugs.
The government’s evidence of “distribution” is insufficient.
There is no physical scientific evidence linking the client to the drugs.
The chemical composition of the drugs is not what the government claims the drugs are.
The government cannot show anything other than the client’s mere presence near the drugs, rather than any possession.
The client made no actions that would have furthered a trafficking or distribution conspiracy.
The client had no specific intent to distribute the drugs.
The alleged drug distribution materials (notebooks, cash, scales, packaging, etc.) can be explained away as ordinary household items.