Boston Drug Crime Lawyer
Defending Clients Facing Drug Crime Charges in Massachusetts
A charge involving drug crimes in Massachusetts, ranging from simple possession to felony distribution, can permanently derail your life. In Boston, law enforcement agencies—from the Boston Police Department to federal DEA agents—aggressively pursue these cases, and the penalties are among the harshest in the country.
If you are facing serious accusations in Suffolk County, you need more than a general practitioner; you need a focused and tenacious drug crime attorney in Boston immediately. The only way you can hope to fight effectively —and, ultimately, defeat— the charges is to hire DeGiacomo & Mikhlin, P.C.
Attorneys James G. DeGiacomo and Sergey Mikhlin, the premier Boston drug crime lawyers who have earned a reputation for aggressively fighting for your rights and getting you the justice you deserve. You shouldn’t have to face a possession charge alone, and hiring trusted Boston drug lawyers like James G. DeGiacomo and Sergey Mikhlin will tip the scales of justice in your favor.
Have you been arrested for a drug crime? Call DeGiacomo & Mikhlin, P.C., today at (617) 941-3666 or contact us online to schedule a free consultation with our drug crime attorney in Boston.
Common Types of Drug Crimes in Massachusetts
Massachusetts law classifies drug offenses based on the type and quantity of the substance involved, as well as the defendant's intent.
Some common drug charges include:
- Drug Possession: Possession charges apply when an individual is found with a controlled substance for personal use. Penalties vary depending on the drug classification and whether the defendant has prior offenses.
- Possession with Intent to Distribute: When law enforcement believes that drugs were intended for distribution rather than personal use, the charges become more serious. Evidence such as large quantities, packaging materials, or scales can lead to enhanced penalties.
- Drug Trafficking: Massachusetts imposes harsh penalties on those convicted of drug trafficking, which involves the large-scale distribution of controlled substances. Sentencing guidelines include mandatory minimums based on the type and weight of the drug.
- Prescription Drug Crimes: Prescription drug charges often involve the illegal possession, distribution, or fraudulently obtaining medications like oxycodone, Adderall, and Xanax. Even though these substances are legal with a prescription, unauthorized possession or sale can lead to serious legal consequences.
- Federal Drug Charges: If drug offenses involve interstate trafficking, large-scale distribution networks, or drug-related crimes near schools, federal authorities may intervene. Federal charges carry more severe sentences, making it even more critical to work with an experienced Boston drug crime attorney.
Classification of Controlled Substances in Massachusetts
Massachusetts law categorizes controlled substances into five classes—A, B, C, D, and E—with potential penalties increasing dramatically as the class moves from E (least serious) to A (most serious). The penalties for drug crimes are determined by two primary factors: the Class of the substance and the type of offense (Possession, Possession with Intent to Distribute, or Trafficking).
A skilled drug crime attorney in Boston must know the nuances of these classifications, as misidentification or over-classification of the substance is a key defense strategy:
- Class A: Includes the most serious substances, such as Heroin, Fentanyl, and GHB.
- Class B: Includes highly addictive substances like Cocaine, Crack Cocaine, MDMA (Ecstasy), and certain prescription opioids (e.g., OxyContin).
- Class C: Generally includes less potent hallucinogens (like Psilocybin/mushrooms) and certain depressant prescription drugs (like Valium or Klonopin).
- Class D: Primarily includes Marijuana (for quantities exceeding the legally allowed limit for personal use).
- Class E: Generally includes small amounts of certain prescription drugs and compounds containing codeine.
Potential Penalties For Drug Crimes Convictions in Massachusetts
There is no doubt that even the most minor infractions involving drug charges will permanently and irreparably affect your future, for example:
- Prison - the state of Massachusetts imposes harsh sentences upon each person who is caught with drugs. Many of those sentences, even at the lowest level, carry prison time.
- Fines and fees - many of the fines and fees associated with a conviction for drugs are designed to be punitive or specifically designed to punish you. This may mean that the fines will be much more than you can afford at any given time, and paying them will cause an undue financial burden on you.
- Stripping of your rights - if you’re convicted of a felony-level drug charge, you will find yourself losing some of your basic civil rights. Convicted felons lose the right to vote, the right to hold any kind of public office, are barred from obtaining certain jobs (especially jobs that put them in charge of any sort of finances), and are strictly prohibited from owning a gun, whether licensed or not. In addition, convicted felons will find it difficult to travel to some countries and may even find their request for a visa to enter certain countries to be outright denied.
- Losing your job - let’s face it, if you have to go to jail for an extended period of time, it’s not likely that you will find your job waiting for you when you get out. In addition, when you get out of jail, you’ll have a criminal record that will follow you around, which will not make it easy to get another job so quickly. And unless you get an unlikely pardon from the Massachusetts governor, this conviction will follow you for the rest of your life.
Pleas and mitigation opportunities exist in many cases, depending on the nature and severity of the offense. Massachusetts courts often consider rehabilitation programs as part of alternative sentencing to reduce prison time. Community service and probation can be potential avenues for first-time offenders.
Penalties for Drug Possession
When it comes to drug possession, Massachusetts has very specific, and harsh, laws. The penalties associated with drug possession vary, based on whether the drug is designated as a Class A, B, C, or D drug. While clearly, a Class D drug carries a lesser penalty than a Class A drug, the end result —extensive fines and jail time— is still the same. It is best to seek a qualified Boston drug crime lawyer like James G. DeGiacomo and Sergey Mikhlin to assist you.
Penalties for Possession With the Intent to Distribute
A possession with intent to distribute charge is much more serious than a simple possession charge. If you’re charged with possession with intent to distribute, no matter what “class” of drug you’re caught with, you’re facing a mandatory jail sentence of at least three years if you are convicted. Fortunately, with the assistance of experienced Boston drug crime attorneys like James G. DeGiacomo and Sergey Mikhlin, you can fight the possession portion of your charge.
Penalties for Drug Trafficking
Drug trafficking is a Class D felony in Massachusetts and is punishable by up to fifteen years in jail. If you are convicted of trafficking cocaine or heroin, you face up to twenty years in prison, with a minimum of ten years. This is a charge that is much more difficult for a Boston drug crime lawyer to defend because if you’ve been caught with a high volume of drugs, it’s difficult to argue that it was for your own personal use. These types of cases must be handled with a serious amount of grace and delicacy. Having the right drug crime lawyer in Boston can mean the difference between going home and going to jail!
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court