Facing Possession of a Controlled Substance Charges? Our Criminal Defense Attorney Will Stand Up for You
If you’ve been charged with Possession of a Controlled Substance in Massachusetts, you need a criminal defense attorney who will stand firm, advocate strongly, and defend your rights with strategy and commitment. The Law Office of Matthew W. Peterson has offices in Boston and Salem and serves clients across Suffolk, Essex, Middlesex, and Norfolk Counties. Our defense attorneys bring experience from both sides of the courtroom, including a former prosecutor, to provide smart, assertive, and informed legal defense.
We represent individuals who are facing drug crime charges involving illegal drugs, from simple possession to more serious offenses. Whether you’re in Boston, Brighton, West Roxbury, Chelsea, Salem, Lynn, Swampscott, Peabody, or nearby areas, our criminal defense law firm is ready to step in and help you build a strong defense.
What Does Possession of a Controlled Substance Mean in Massachusetts?
Under Massachusetts General Laws Chapter 94C, Section 34, Possession of a Controlled Substance is defined as knowingly or intentionally possessing a substance categorized as controlled without legal authorization (e.g., prescription or license). Controlled substances in Massachusetts are divided into five classes (A through E), and penalties vary based on the class of drug involved, your criminal history, and the specific facts of your case.
Some common illegal drugs in these cases include:
- Heroin (Class A)
- Cocaine (Class B)
- Methamphetamine (Class B)
- Oxycodone or Percocet without a prescription (Class B)
- Xanax or Valium without a prescription (Class C or D)
- Marijuana (Class D)
First-time offenses for possession may allow for dismissal or probation under certain circumstances, but second or subsequent charges can carry harsher consequences, including jail time and a permanent criminal record.
Why You Need a Massachusetts Defense Attorney with Drug Crime Experience
Possession charges are not always straightforward. An experienced Massachusetts drug defense attorney will evaluate the legality of the search and seizure, whether you were truly in possession, and whether the substance was correctly identified. Our criminal defense law firm knows how prosecutors approach these cases and how to challenge their evidence.
Having a former prosecutor on our team gives our clients insight into how cases are built—and how they can fall apart. We understand how to question every aspect of a case, from lab testing to the arresting officer’s report, to give you the best defense available.
Our Approach: Aggressive but Grounded Representation
We don’t believe in empty promises or dramatic tactics. What sets us apart is our aggressive criminal defense attorney team, who fight smartly, using facts, law, and preparation. At the Law Office of Matthew W. Peterson, every case is personal. We take the time to understand your story, review every piece of evidence, and develop a defense tailored to your specific situation.
Whether you’re dealing with a misdemeanor for simple possession or facing enhanced charges due to prior offenses, proximity to a school zone, or quantity of drugs, we are prepared to protect your future. Our law firm works with individuals throughout Suffolk County, including Chelsea and West Roxbury; Essex County, including Lynn and Swampscott; and Middlesex and Norfolk Counties, including Cambridge, Newton, Brookline, and Dedham.
Potential Penalties for Possession of a Controlled Substance
The consequences for a Possession of a Controlled Substance charge in Massachusetts depend on several factors, including the type of substance, the amount involved, and your prior criminal record. Massachusetts law classifies controlled substances into five categories (Class A through E), and each class carries different levels of penalties.
Here’s a general breakdown based on Massachusetts General Laws:
- First-Time Offenders: In many cases, individuals facing their first charge may be eligible for probation or alternative resolutions. However, the law allows for up to one year in jail and fines of up to $1,000, even for a first offense.
- Repeat Offenses: A second or subsequent conviction often carries more severe consequences. These may include mandatory jail time, higher fines, and fewer diversion options.
- School Zone Enhancements: If the alleged possession occurred within 300 feet of a school, Massachusetts law imposes additional penalties. Under G.L. c. 94C, § 32J, individuals may face enhanced sentences, even if the school was not in session or the drug possession was not connected to students.
The stakes are high in these cases, and having a knowledgeable criminal defense attorney can make a significant difference. With the right legal strategy, it may be possible to reduce the charges, avoid jail time, or have the case dismissed entirely.
Where We Provide Criminal Defense Throughout Massachusetts
With offices in both Boston and Salem, our criminal defense law firm is well-positioned to represent individuals across multiple counties in Massachusetts. We regularly assist clients facing Possession of a Controlled Substance and other drug crime charges in, but not limited to following areas:
- Suffolk County: Boston, Brighton, West Roxbury, Chelsea
- Essex County: Salem, Lynn, Swampscott, Peabody, Saugus
- Middlesex County: Cambridge, Somerville, Newton
- Norfolk County: Brookline, Dedham, Quincy
No matter which county you’re in, our Massachusetts drug defense attorneys are ready to provide committed and strategic legal support tailored to your case. We understand the courts, the local processes, and what it takes to protect your rights effectively across jurisdictions.
Take Control of Your Defense Today
A drug possession charge can carry serious consequences, but you don’t have to face it alone. The Law Office of Matthew W. Peterson is here to stand with you, offering experienced, determined representation backed by real courtroom experience. Whether you’re in Boston or Salem, or anywhere in Suffolk, Essex, Middlesex, or Norfolk County, our team is ready to fight for your rights. Contact us now to schedule a personalized legal strategy session. The sooner we can begin reviewing your case, the stronger your defense will be.
Frequently Asked Questions
Is Possession of a Controlled Substance a felony in Massachusetts?
Not always. Simple possession is usually a misdemeanor for a first offense, but repeat offenses, or possession with intent to distribute, may be charged as felonies.
Can I be charged even if the drugs weren’t mine?
Yes, you can be charged if you were in “constructive possession”—for example, if drugs were found in a car or home you had control over. An experienced criminal defense attorney can challenge this.
What is considered a controlled substance in Massachusetts?
Controlled substances are classified under state law from Class A (most serious) to Class E (least serious). Examples include heroin, cocaine, meth, and prescription medications without a valid prescription.
What are my rights if I’m arrested for drug possession?
You have the right to remain silent and to speak with a defense attorney. Do not admit to anything or consent to searches without legal advice.
How can a criminal defense law firm help me with a drug possession charge?
Our law firm will evaluate your case for legal issues like unlawful search, mishandled evidence, or mistaken identity. We may be able to negotiate alternatives to jail or even get the charges dismissed.