Possession with Intent to Distribute Drugs

Suffolk County Defense Attorney Serves Clients Facing Serious Drug Crimes

Over the past decade, there has been a shift in how society views drug use. While it used to be that drug users were all “criminals,” there is now a greater understanding that drug addiction is a form of mental illness. However, while there is now a greater emphasis on treatment and services for drug users, this has resulted in a shift towards the aggressive prosecution of those who put the drugs in user’s hands. If you are facing charges related to the possession with intent to deliver a controlled substance, Boston criminal defense lawyer Patrick J. Murphy can help. Attorney Murphy has more than 25 years of experience successfully handling all types of serious felony cases and knows what it takes to beat a drug case.

What Makes Out Possession with Intent to Distribute?

There are two main categories of Boston drug crimes; those involving possession for personal use and those involving manufacturing and sale. When it comes to the latter, the law prohibits not only the actual sale of drugs but also the possession with the intent to sell them. This is why many people refer to felony drug distribution charges as possession with the intent to distribute.

Punishments for Boston Possession with Intent Crimes

Massachusetts classifies controlled substances into five classes. There are many drugs that fall into each class; however, below is a list of the most commonly encountered drugs in each schedule:

Class A – Heroin, fentanyl, ketamine

Class B – Cocaine, crack, MDMA (ecstasy), opium, methadone

Class C – Diazepam, mescaline, psilocybin (magic mushrooms)

Class D – Marijuana

Class E – Certain cough syrups containing a low volume of codeine and other prescription drugs not otherwise listed

Generally, the punishment you face after a Boston drug arrest will depend on the type of substance you possessed and whether you have a prior conviction for possession with intent to distribute.

Punishments for Class A Substances

For a first offense possessing a Class A substance with the intent to distribute, you face a maximum term of imprisonment of up to ten years in state prison or 2.5 years in a house of correction. However, for a second offense, you will a mandatory minimum jail sentence of 3.5 years, with a maximum of 15 years.

Punishments for Class B Substances

The punishment for your first conviction for possession with intent to distribute a Class B substance is the same as for a Class A substance. However, upon a second or subsequent conviction, Class B offenses carry a maximum of 10 years in state prison. Notably, there is no mandatory minimum in this circumstance.

Punishments for Class C Substances

If you face possession with intent to distribute a Class C substance, you could serve a sentence of up to five years in state prison or 2.5 years in a house of correction. For second and subsequent offenses, the maximum term of imprisonment increases to 10 years in state prison, or 2.5 years in a house of correction. Notably, there is no mandatory minimum in this circumstance.

Punishments for Class D Substances

The punishment for possession with intent to distribute marijuana (or other Class D substances) can result in a maximum term of two years in a house of correction. If you are convicted of a second or subsequent offense, the maximum punishment increases to 2.5 years in a house of correction.

Punishments for Class E Substances

A first conviction of possessing a Class E substance with the intent to distribute carries a maximum term of imprisonment of 9 months in a house of correction. For any second or subsequent offense, the maximum sentence you could receive increases to 18 months in a house of correction.

Are You Facing Serious Boston Drug Charges?

If you were arrested and charged with possession with intent to distribute—even if it is your first offense—it is imperative that you work with an experienced lawyer. Attorney Patrick J. Murphy has helped countless clients who faced serious felony drug charges keep their freedom. Whether he is negotiating with the prosecutor on your behalf, arguing a motion to suppress evidence, or litigating your case in front of a jury, Attorney Murphy has the skill, experience and dedication to ensure your interests are protected throughout the process. To learn more, and to schedule a free consultation, call (617) 367-0450 today.

Client Reviews
"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User