Possession of Heroin Penalties

Knowingly or intentionally possessing Heroin in Massachusetts, under G.L. c. 94C, §34, carries the most severe punishment as compared to other controlled substances under possession statue. Heroin is considered a Class A substance and anyone arrested for Possession of Heroin- first offense, faces a sentence of imprisonment in the house of corrections for no more than two (2) years or a fine of no more than two thousand ($2,000) dollars or both.

For a second offense of possession of Heroin, the charges are increased. If charged with Possession of Heroin- second offense, the sentence imposed is a sentence in state prison for no less than two and one-half (2 ½) years and no more than five (5) years or by a fine of up to five thousand ($5,000) and imprisonment in a jail or a house of corrections for no more than two and one-half (2 ½) years.

If this is a first offense, a strong Massachusetts Heroin Possession Attorney will work with the court so that you do not have to serve any time and in some circumstances, there will not be a criminal record. Second, third and fourth offenders of possession of heroin face substantial criminal charges as well and it is essential that you get the representation of an experienced lawyer to manage their situation.

Presence Where Heroin is Kept Statute

Under G.L. c. 94C, §35, a person who is knowingly present at a place where heroin is kept or deposited, or any person who is in the company of a person and knows that person is in possession of heroin, faces strict punishments. An individual in violation of this statute can be penalized by imprisonment for up to one (1) year or a fine of no more than one thousand ($1,000) dollars.

This law is enacted solely for the substance of Heroin and does not apply to other Class A substances or additional controlled substances in the state. Because of the additional charges a person may face for simply being in company of another who possess heroin, if you or a loved one face charges related to possession of heroin, an experienced Boston Heroin Possession Attorney is essential.

Other Charges Related to Heroin

Even though possession of Heroin has harsh punishments, other charges related to heroin are much more severe. For example, an individual may be Possession with intent to distribute or distribution, and a Class A substance, which heroin is considered in Massachusetts, has the highest penalty under that statute. For more information on Possession with intent to distribute, feel free to visits our website.

Additionally, depending on the amount of heroin found in possession of an individual may face a Heroin Trafficking charge. Additional information about the sentences and the how the amount of heroin increase these penalties, visit our Heroin Trafficking website.

Defending Heroin Possession Charges

The quality, experience and knowledge of the criminal defense attorney you pick to represent you in court will have a significant impact on what happens as a result of the arrest. An attorney who knows how the system works is your best defense. Attorney Stephen Neyman has over 25 years of experience solely working as a criminal defense attorney in Massachusetts.

To protect yourself and the ones you love from the impact that an arrest for possession of heroin could have, contact Massachusetts Drug Attorney Stephen Neyman at 617-263-6800 immediately or click here to send an email. He will return your call or respond with an email promptly, no matter what time of day it is.