Even a simple possession charge can have serious implications on your personal and professional life. A conviction for possession of a controlled substance may result in exclusion from certain professional licenses and prevent you from obtaining a License to Carry (LTC) a firearm.
At Riccio Law, we understand what’s at stake. Attorney Anthony R. Riccio is an experienced Massachusetts drug possession defense lawyer who aggressively defends clients against possession charges.
Understanding Massachusetts Drug Possession Laws
Definition of Possession of Controlled Substances
Under Massachusetts General Laws Chapter 94C Section 34, possession of a controlled substance is a serious offense. To convict you, the prosecution must prove beyond a reasonable doubt that:
- The substance is a controlled substance.
- You possessed a detectable amount of the substance.
- You knowingly and intentionally possessed it.
Possession can be classified as:
- Actual Possession: Physically having the substance on your person.
- Constructive Possession: Having knowledge of the substance and both the ability and intent to control it.
Penalties for Drug Possession in Massachusetts
A conviction can have long-lasting effects, including difficulties with employment, education, and housing opportunities. Below are the penalties associated with different classes of controlled substances:
Possession of Class A Substances (Heroin, Fentanyl)
- First Offense:
- Up to 2 years in jail.
- Fine up to $2,000.
- Second or Subsequent Offense:
- Felony charge.
- Up to 5 years in state prison.
- Fine up to $5,000.
Possession of Class B Substances (Cocaine, Crack, Oxycodone, Methamphetamine)
- First Offense:
- Up to 1 year in jail.
- Fine up to $1,000.
- Second or Subsequent Offense:
- Enhanced penalties may apply, including increased jail time and fines.
Possession of Class C Substances
- First Offense:
- Up to 1 year in jail.
- Fine up to $1,000.
- Second or Subsequent Offense:
- Up to 2 years in jail.
- Fine up to $2,000.
Possession of Over 1 Ounce of Marijuana (Class D) or Class E Substances
- Up to 6 months in jail.
- Fine up to $500.
Why You Need an Experienced Drug Possession Defense Attorney
Don’t risk your future by facing drug possession charges alone. An experienced attorney can:
- Protect Your Rights: Ensure that law enforcement did not violate your constitutional rights during the arrest or investigation.
- Challenge the Evidence: Scrutinize the prosecution’s case for weaknesses, such as illegal searches or mishandling of evidence.
- Negotiate on Your Behalf: Work towards reduced charges, alternative sentencing, or case dismissal.
Attorney Anthony R. Riccio has extensive knowledge of Massachusetts drug laws and a proven track record in defending clients against drug charges.
How Riccio Law Can Help
Attorney Anthony R. Riccio’s Experience and Success
With a background as a former prosecutor, Attorney Riccio understands the strategies used against you. He has successfully represented clients in cases ranging from simple possession to trafficking fentanyl.
- Extensive Courtroom Experience: Skilled in both negotiation and litigation.
- Personalized Defense Strategies: Tailored approaches to meet the unique needs of each case.
- Aggressive Representation: Dedicated to achieving the best possible outcome for you.
Frequently Asked Questions
What should I do if I’m arrested for drug possession?
Remain calm and exercise your right to remain silent. Do not consent to any searches or answer questions without an attorney present. Contact an experienced drug possession defense attorney immediately.
Can drug possession charges be dismissed?
Yes. Charges can be dismissed if your attorney can demonstrate violations of your rights, such as unlawful search and seizure, or if there are significant weaknesses in the prosecution’s case.
What is constructive possession?
Constructive possession means you didn’t have the substance on your person, but you had knowledge of it and the ability and intent to control it.
Contact Riccio Law for a Free Consultation
Take the first step toward protecting your future. If you’ve been charged with drug possession in Massachusetts, contact Riccio Law today.
Don’t wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome.
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