Conspiracy to Violate Drug Laws

There are many crimes in Massachusetts regarding the possession, sale, and distribution of drugs. There is also a crime regarding the conspiracy to violate a drug law, and may be added on to an additional drug charge. Conspiracy is a separate and distinct crime and will not be merged into the substantive crime, but instead will result, for example, in the offender being charged with both Possession of Drugs and Conspiracy to Possess Drugs. If the crime of Conspiracy has been tacked onto another drug charge, it will result in heightened penalties for those convicted. In the event you face a Conspiracy charge, it is vital that you retain the services of an experienced Massachusetts defense attorney who is familiar with the complex area of drug crime law, in order to provide you with the most tactical defense strategy. The Commonwealth of Massachusetts criminalizes any unlawful activity in which two parties agree to engage in a drug transaction or another act that would be a violation of a drug law as set forth by the Legislature. The United States Code also contains many criminal conspiracy statutes and penalizes those who are convicted at the federal level. In some respects, conspiracy is similar to attempt, to solicitation, and to aiding and abetting. Unlike aiding and abetting, however, it does not require commission of the underlying offense. Unlike attempt and solicitation, conspiracy does not merge with the substantive offense; a conspirator may be punished for both.

Massachusetts General Laws Chapter 94C, Section 40 provides that whoever conspires with another individual to violate any provision of the laws regarding illegal drugs shall be punishable by imprisonment or fine, or both, which shall not exceed the maximum punishment prescribed for the offense which was conspired. This means that if the offender was convicted of conspiring to commit a felony punishable by life imprisonment, they are punishable by up to 20 years in state prison. If the offender was convicted for conspiracy to commit a felony punishable by imprisonment for 10 years, then the maximum prison sentence for conspiracy in 10 years. If the conspiracy was intended for a felony punishable by less than 10 years, then the offender is punishable by up to 5 years in prison. Conspiracy to commit any other crime will result in a maximum sentence for up to 2.5 years in jail. Also, a conviction for a Conspiracy charge will result in automatic suspension of the offender’s driver’s license by the Massachusetts Department of Motor Vehicles.

To be found guilty of the crime of Conspiracy, the prosecution must be able to prove three elements of the crime beyond a reasonable doubt:
  1. The defendant joined in an agreement or plan with one or more persons;
  2. The purpose of the agreement was to do something of an unlawful nature; and
  3. The defendant joined the conspiracy knowing of the unlawful plan and intending to help carry it out.
It is not necessary that the conspirators agreed on every single detail, that they had a formal agreement, or even that they met together. The Commonwealth need only prove that there was a joint plan among them and the defendant joined in that plan. The evidence of the conspiracy may be inferred from the circumstances surrounding the situation. For example, the Commonwealth may show that the conspirators know each other or were in communication with each other and the actions taken seem to have been designed for a specific purpose.

Dedicated Massachusetts Drug Conspiracy Defense Attorney
When dealing with a criminal offense such as Conspiracy, it is important to realize that it is no small matter. Making light of a situation or attempting to ignore it is how innocent people find themselves in the wrong place at the wrong time. If you have been investigated or charged with a drug crime such as Conspiracy, you need a aggressive and experienced Massachusetts drug crimes conspiracy defense lawyer to fight the charges against you. At the Law Office of Patrick J. Murphy we investigate the federal and state constitutional issues of each drug case thoroughly and we aggressively fight all drug charges. Before you speak with a law enforcement officer, your best decision is to hire Attorney Patrick J. Murphy to protect your constitutional rights and defend you against criminal prosecution. Contact the Law Office of Patrick J. Murphy 24/7 today by calling 617-367-0450 or submitting our online contact form directly to Attorney Murphy.

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