There are two ways in which an individual can be charged with a drug distribution crime in the state of Massachusetts; drug possession with intent to distribute and drug distribution. In order to be charged with either of these crimes, the police have reason to believe that the individual completed a transaction in which the individual provided illegal drugs to another individual. And while the amount of substance is not a determining factor in what type of consequences will follow, the type of substance is. If the substance is Class A, B, or C the individual will be charged with a felony and if the substance is Class D or E the charge is a misdemeanor. Below is more detailed information regarding each charge.
Possession with Intent to Distribute
The definition of a charge of possession with intent to distribute means that the individual was caught in possession of and illegal substance with the intention to sell them. If an individual is charged with possession with intent to distribute, they can face up to two years of jail time. The punishment will be much harsher if the individual had the intent to sell to a minor.
The definition of a charge of drug distribution is the actual distribution, or selling, of an illegal substance. An exchange or transaction has to take place for this charge to be assigned. As with intent to distribute, an individual could face two to three years of jail time with a drug distribution charge, depending on the type of substance being distributed. And while the amount of substance does not matter in drug distribution charges, it could play a role in the crime should the charge be moved to a higher crime of drug trafficking. However, if you have been charged before with drug distribution crimes, anything after your first offense could mean up to five years of jail time.
There are many circumstances that might lead up to an individual being charged with possession with intent to distribute or drug distribution. It is our job at Michael M. Monopoli OUI and Criminal Defense Law Firm to confirm whether or not any of those factors can reduce the charge or have it thrown out altogether. For example, if the search conducted on the individual was performed illegally, such as after being illegally pulled over or illegal questioning, our firm could have the charges thrown out completely.
The state of Massachusetts has a standard of procedure that we know all too well and we can help find out if the charges are legitimate or not. Our attorneys are here to help if you or someone you know has been charged with a drug distribution or possession with intent of distribution charge. We have the experience and success rate to help navigate anyone through these types of charges and we will work on your case thoroughly sifting through every detail in order to find a way to help. Contact us today to see how we can work for you.