Massachusetts Drug Distribution Defense Lawyer

Distribution of most controlled substances is a felony offense in Massachusetts. Although typically distribution cases are prosecuted when one person is accused of selling drugs to someone else, it is not required that money change hands in order for someone to be convicted of distribution. The punishments for distribution cases can vary depending on an individual's criminal record, and the substance they are accused of distributing.

Distribution of heroin is a felony and can be indicted and prosecuted in the Superior Court. In Superior Court, someone convicted of distribution of heroin can be sentenced to up to ten years in state prison. If prosecutors do not indict the case, and the charges are heard in District Court, the maximum penalty is only two and a half years in the house of correction. If, after a conviction for distribution of heroin, a person is arrested and charged with distribution of heroin a second time, they can be prosecuted as a subsequent offender. A charge of distributing heroin subsequent offense can only be heard in the Superior Court. If a person is convicted on subsequent offense distribution of heroin they will face a mandatory minimum penalty of five years in state prison, and can be sentenced up to fifteen years in state prison.

Distribution of cocaine is a felony charge. Prosecutors can choose to prosecute the case in Superior Court where the maximum penalty is up to ten years. If prosecutors do not indict the case and the prosecution takes place in District Court, the maximum penalty is two and a half years. As with heroin, there is an increased penalty if someone convicted of distribution of cocaine is charged with distribution for a second time. A subsequent offense distribution of cocaine charge can only be prosecuted in the Superior Court, and a conviction carries a mandatory minimum sentence of three years in state prison, and a maximum penalty of ten years in state prison.

Distribution of Marijuana is one of the few distribution of drug offenses that is only a misdemeanor under Massachusetts law. This charge cannot be indicted and prosecuted in the Superior Court. The maximum penalty for distribution of marijuana is two and a half years in the house of corrections. If, after being convicted of distribution of marijuana a person is charged with a subsequent offense they will face a mandatory minimum of one year in the house of corrections, and a maximum penalty of two and a half years in the house of corrections. Although the subsequent offense carries a mandatory minimum jail sentence, it is still a misdemeanor under Massachusetts law.

If you are facing a drug distribution charge in Massachusetts it is essential that you are represented by an experienced and aggressive drug distribution defense lawyer. Attorney Daniel Cappetta has the experience and skill to tenaciously defend your case and protect your future. Call Attorney Cappetta for a free consultation now at (508) 762-4540 or contact him through the website using this form.