Are You Facing Prescription Drug Charges? Boston criminal defense lawyer, Kevin J. Mahoney, can help.
Do not be fooled into thinking that crimes involving prescription drugs are not as serious as
crimes involving “street” drugs. In Massachusetts, a drug crime is a drug crime – regardless of
the substance involved. Police, prosecutors and judges take prescription drug crimes seriously,
enforce the laws strictly, and seek to punish defendants severely. If you have been charged with
a prescription drug crime, it is imperative that you enlist the help of an experienced Boston
criminal defense lawyer to guard your rights and protect your best interests.
Classification of Prescription Drugs
The Massachusetts Controlled Substances Act establishes five classes of controlled substances.
Class A drugs are the most dangerous and addictive; Morphine is a Class A prescription drug.
Class B prescription drugs include Oxycontin, Percocet and Percodan. Most prescription drugs
fall into Classes C-E; these classes of drugs include: Hydrocodone (Vicodin); Clonazepam;
Diazepam (Valium); and most other prescription narcotics and painkillers.
Penalties for Prescription Drug Crimes
As you can see, in Massachusetts the classification of the controlled substance determines the severity
of any potential punishment. Crimes involving Class A drugs carry the strictest penalties; less
severe penalties apply to crimes involving Class B-E drugs, on a sliding scale. The penalties
for possession, manufacturing, distributing or possessing with intent to distribute a prescription
drug include incarceration and/or fines, and also may include, depending on the circumstances
of your case, a loss of driving privileges. Stricter penalties apply across the board for a second
offense and for drug trafficking. Moreover, you may face additional penalties for related crimes
including, for example, fraud (obtaining prescription drugs by making false statements to doctors
or pharmacists); theft (e.g., stealing a prescription pad; stealing drugs from a pharmacist or other
person or entity authorized to dispense prescription drugs); breaking and entering (e.g., to obtain
goods to sell for drug money).
An experienced Boston criminal defense lawyer will analyze the allegations of your to determine what defenses are available, including contradicting a claim that you actually possessed the drug, demonstrating legal possession, or challenging the seizure of the drug by arguing the police or DEA violated your 4th Amendment Rights in conducting the search.
Contact Boston, MA Drug Crimes Lawyer, Kevin J. Mahoney
If you are facing prescription drug charges, and you would like to meet with an experienced and knowledgeable Boston criminal defense lawyer, please contact me directly. Call (617) 492-0055 to schedule a free consultation. Let’s sit down and discuss your situation in detail, as well as your legal options. Things may not be as bad as they appear.
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