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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. Recent legislation enacted in 2018 now classifies Fentanyl and all derivatives thereof as a Class A substance subject to these same penalties.

For a second offense of possession of Heroin or Fentanyl, the charges are increased. If charged with Possession of Heroin or Fentanyl- 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

Pursuant to the 2018 Criminal Justice Reform Act the legislature has repealed M.G.L. c. 94C § 35, the statute, which made it a crime to be knowingly present where heroin is kept. Under this statute previously a person could be charged and face strict penalties for knowingly being present at a place where heroin is kept or deposited or being in the company of a person in possession of heroin. This law is no longer in effect after being abolished pursuant to section 60 of the Reform Act.

Other Charges Related to Heroin

Even though possession of Heroin or Fentanyl 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 and Fentanyl are 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 or Fentanyl Trafficking charges. 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.