Can I be charged with Fentanyl Distribution in Massachusetts?
Were you arrested and charged with distribution of the drug Fentanyl? As this drug becomes more common in communities across the state, we have seen an increasingly high number of these types of cases.
If you have been charged with Fentanyl distribution, you should take time to understand what type of criminal charge you have pending and what some of the potential consequences may be.
The DEA lists Fentanyl as a Schedule II Drug
What exactly does this mean? Because the DEA recognizes Fentanyl to be a Schedule II drug, you are facing a felony charge in the state of Massachusetts. It is important that you understand this, as felony charges are often much more severe in terms of punishment and have a more detrimental effect on your life.
A schedule II drug are defined by their high potential for abuse by users, and are known to cause severe psychological and physical dependence.
If you were arrested for Fentanyl distribution, the police likely believe you had enough Fentanyl on you that you planned to distribute it even if that was not your intention. In order to be charged with this crime, the police must have probable cause to believe that you in fact sold or distributed the Fentanyl to another person.
You should know that the amount of drug generally is not necessary for the police to arrest and charge you with this crime. Often times, police make a fentanyl distribution arrest based on paraphernalia found to be in your possession. Evidence that the police would use as a basis for the arrest may include a scale, baggies, or large amounts of cash.
How can the District Attorney prove I intended to distribute the Fentanyl?
Massachusetts General Laws state that any person who knowingly distributes a controlled substance will be punished. In a drug distribution case, the district attorney has the burden to prove the following three elements beyond a reasonable doubt:
- That the substance in question, Fentanyl, is a Class II substance
- That you, as the defendant, either
- Distributed the substance to another person, or
- That you possessed the substance and intended to distribute it
- You did so knowingly and intentionally
What are the penalties if found guilty of Fentanyl distribution?
If you are found guilty of distribution or with possession with the intent to distribute Fentanyl, you are legally required to serve, at minimum, 1 year in jail.
The maximum penalty you can face would be up to 10 years in a state prison. The judge will take into consideration any prior criminal history before sentencing, but be prepared to spend at least one year behind bars.
You may be required to pay court fines as well. The maximum amount the court can ask you to pay is $10,000.00. Again, this is case specific- but be prepared to have money to pay the courts should you have to do so.
DelSignore Law Defense Attorneys are Available to Help You Today
At DelSignore Law, we understand that Fentanyl distribution is an extremely serious charge and should be handled wisely. If you have been charged with any type of drug crime, please pick up the phone and contact us today by calling 781-686-5924. We are happy to offer free and confidential over-the-phone consultations. Contact us today.