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Quincy Drug Crimes Lawyer

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Quincy Drug Crimes Lawyer

Drug crime charges are extremely serious and can have life changing consequences. You need the legal support and guidance of an experienced Quincy drug crimes lawyer.

Daniel DeMaria, Esq. has intimate knowledge of Massachusetts State (and Federal) drug laws and is available to represent those charged with drug crimes in Quincy and the surrounding areas.

In order to obtain a conviction in a drug case, the Commonwealth of Massachusetts must prove each of the following beyond a reasonable doubt: that the defendant (i) knowingly; (ii) intentionally; (iii) possessed; (iv) a controlled substance. Charges such as possession with intent to distribute or drug trafficking are based on these four elements along with additional element(s).

The most common drug crimes charged in Quincy are typically cocaine, heroin and fentanyl, and marijuana. Pursuant to G.L. c. 94C, § 31, cocaine is a Class B controlled substance, heroin and fentanyl are Class A controlled substances, and marijuana is a Class D controlled substance.

In order for a person to be found guilty of possession under G.L. c. 94C, § 34, the Commonwealth must prove beyond a reasonable doubt that the defendant was in knowing or intentional possession of a drug such as cocaine, heroin, fentanyl, or marijuana.

Drug crimes carry severe penalties.

Cocaine

A person found guilty of possessing cocaine may be imprisoned for not more than one year. A subsequent offense carries not more than two years in prison.

A person found guilty of possession cocaine with intent pursuant to G.L. c. 32A(a) may be imprisoned for not more than ten years in state prison or not more than two and one-half years in the house of correction or jail. For a second or subsequent offense, G.L. c. 32A(a) provides a penalty of up to fifteen years..

Trafficking in cocaine (G.L. c. 94C, § 32E(b)) carries mandatory minimum penalties depending on weight ranging from a mandatory minimum of two years in prison (for 18 to 36 grams of cocaine), to a twelve-year mandatory minimum (for 200 grams or more).

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Heroin

A person found guilty of possessing heroin or fentanyl may be imprisoned for not more than two years. A subsequent offense carries a mandatory minimum of 2.5 years in prison (and up to five years in prison.

A person found guilty of possessing heroin or fentanyl with intent to distribute pursuant to G.L. c. 32A(a) may be imprisoned for not more than ten years in state prison or not more than 2.5 years. For a second or subsequent offense, G.L. c. 32A(a) provides a mandatory minimum of 3.5 years in state prison, with a maximum of fifteen years in state prison.

Trafficking in heroin or fentanyl (G.L. c. 94C, § 32E(c)) carries mandatory minimum penalties depending on weight ranging from a mandatory minimum of 3.5 years in prison (for 18 to 36 grams of cocaine), to a twelve year mandatory minimum (for 200 grams or more).

Marijuana

A person found guilty of possessing marijuana may be imprisoned for not more than six months for a first offense, and not more than two years for a second or subsequent offense.

A person found guilty of possessing marijuana with intent pursuant to G.L. c. 32C may be imprisoned for not more than two years for a first offense, and not more than 2.5 years for a second offense.

Trafficking in marijuana carries a mandatory minimum of two-and one-half years in prison (for 50 to 100 pounds) up to an eight-year mandatory minimum (for 10,000 pounds or more.

Understanding Common Types of Drug Offenses in Quincy, Massachusetts

When facing a drug offense charge in Quincy, you will want a local lawyer skilled in representing those charged with drug crimes. We handle all drug crimes including:

  • Sale to a Minor–G.L. c. 94C, § 32F
  • Inducing a Minor to Sell–G.L. c. 94C, § 32K
  • Counterfeit Substances–G.L. c. 94C, § 32G
  • Drug Paraphernalia–G.L. c. 94C, § 32I
  • Sale Within and by School Property or Public Park/Playground–G.L. c. 94C, § 32J
  • Conspiracy–G.L. c. 94C, § 40
  • § Hypo/Syringe–G.L. c. 94C, § 27
  • § Phencyclidine (PCP)–G.L. c. 94C, §§ 32A(c) and 32A(d)

Defenses to Quincy Drug Crimes

Potential defenses to drug crimes under Massachusetts State Law include that the defendant did not possess the controlled substance, that the defendant did not intend to distribute or that no distribution occurred, that the substance was not a narcotic, challenging the weight of the substance, that there was a lack of conspiracy, that there was outrageous government conduct (such as interference with the right to counsel, withholding evidence, or improprieties in the state drug laboratory) or that the Commonwealth’s failed to properly investigate and prepare its case (more commonly known as the “Bowden Defense”)

FAQs

How Can an Attorney Help Me Avoid a Drug Crime Conviction?

In Massachusetts, you are not guilty of a crime until you either plead guilty or are convicted by a judge or jury (depending on whether you elect a bench trial or a jury trial). It is imperative that your attorney begin by examining the charging document for errors or facial insufficiency, that he investigate the facts of the case, that he thoroughly review discovery, that he file the appropriate motions, and if advisable, that he either plea bargain and/or that he prepare the case for trial. The Law Offices of Daniel DeMaria has the experience you need to avoid a drug crime conviction, or to minimize the consequences of such a conviction.

What Are Some Aggravating Factors in a Drug Trafficking Case?

In a drug trafficking case, there are several aggravating factors that may be involved, which can increase the potential severity. These can include any prior convictions, having large quantities of drugs involved in your case, possessing a firearm during the commission of the offense, and if there were any minors involved in the crime.

What Are the Drug Classifications in Massachusetts?

In Massachusetts, there are five drug classifications. These classes are Class A, including morphine, GHB, heroin, and fentanyl; Class B, including cocaine, ecstasy, LSD, and methamphetamine; Class C, including prescription drugs like Valium and Vicodin; Class D, including marijuana in quantities over the legal limit; and Class E, including prescription drugs with a small amount of narcotics.

How much does a drug crime lawyer cost in Quincy, Massachusetts?

Retaining a local Quincy criminal lawyer may be more affordable than you may think. Daniel DeMaria, Esq. offers free consultations, reasonable fees, and flexible payment plans.

Let Daniel DeMaria, Esq. Protect Your Future Today

If you find yourself facing drug crime charges in Quincy, don’t let these charges derail your life. Your greatest chance at success is with a local criminal defense attorney familiar with the legal landscape in Quincy and the greater Boston area. Contact The Law Offices of Daniel DeMaria, Esq. today to schedule an initial consultation.

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