Massachusetts Jury Instruction - General Conspiracy Charge
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FAQ
The crime of Conspiracy to Violate the Drug Laws essentially criminalizes any unlawful agreement between persons to engage in a drug transaction or some acts that would constitute a violation of Massachusetts' drug laws.
Class B Controlled Substances Class B substances include drugs such as: cocaine, crack, LSD, ecstasy (MDMA), OxyContin, and methamphetamine. Penalties for Class B drug violations include: Possession: 1 year in jail and/or a fine of up to $1,000. Subsequent possession: 2 years in jail and/or a fine of up to $2,000.
In Massachusetts, distribution or possession with intent to distribute a controlled substance is a felony, if the substance is class A, B, or C. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe.
Virginia Code §18.2-256 makes it a crime to conspire to commit any offense included in Virginia's Drug Control Act. That means that if the Commonwealth can prove that you had an agreement with at least one other person to violate the Drug Control Act, then you may be found guilty of conspiracy.
The penalties for conspiracy are prescribed in Massachusetts General Laws chapter 274, § 7. The venue for a conspiracy prosecution lies anywhere an overt act is committed by any one of the conspirators in execution of the plan. Commonwealth v. Stasiun, 349 Mass.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).