What Is the Crime of Possession in Massachusetts?

Possession in Massachusetts refers to having control over an item or property, including but not limited to drugs. It can apply to various illegal objects, such as firearms, stolen property, or other contraband. For a possession charge, the prosecution must prove that (1) you knowingly had control over the object, and (2) the item in question was illegal or unlawfully possessed. Possession can be either actual (physically holding the item) or constructive (having the ability and intent to control it, even if not in direct possession). Penalties vary based on the item and circumstances.

Understanding Possession Charges in Massachusetts

Possession charges in Massachusetts cover a wide range of items beyond just drugs. You could be charged with possession of:

• firearms,
• stolen property, or
• other illegal items.

Knowing the legal definition and what the prosecution needs to prove can help you understand your situation and what might happen next.

This article explains what possession means, how it can be proven, and the differences between actual and constructive possession. Understanding these terms is crucial, as possession charges can carry serious consequences, depending on the item involved and your prior record.

What Is the Legal Definition of Possession in Massachusetts?

Possession, legally speaking, means having knowledge and control over an object that is unlawful to possess. This could be something you are physically holding, or it could be something within your control, like a weapon hidden in your closet. The law requires that the person knowingly possessed the illegal item.

To be convicted of possession in Massachusetts, it must be proven that you had knowledge of the illegal item and had control over it. This control does not necessarily mean physical contact, but it does mean having the ability and intent to manage or control the item.

What Are the Elements of Possession in Massachusetts?

For possession to be proven, the prosecution must establish certain elements. First, they need to prove that the item in question was under your control, whether directly (on your person) or indirectly (in your house or vehicle). Second, they must show that you were aware of the item’s presence.

Additionally, the prosecution must prove that the item was illegal or that you were not permitted to possess it under Massachusetts law. These elements are crucial because the lack of proof in any of these areas can weaken the case against you.

What Are the Two Kinds of Criminal Possession in Massachusetts?

Massachusetts law recognizes two types of criminal possession: actual possession and constructive possession.

1. Actual possession: This means you have the item physically on your person, like having drugs in your hand or a weapon in your pocket.
2. Constructive possession: This means you don’t have the item on you, but it is within your control, such as illegal items in your home or car.

Both types of possession can lead to criminal charges, but actual possession is often easier for the prosecution to prove. Constructive possession requires more evidence to show that you had control over the illegal item and were aware of its presence.

What Is Physical Possession in Massachusetts?

Physical possession, or actual possession, means that the illegal item is on your person. This could be:

• drugs in your pocket,
• a weapon in your hand, or
• stolen property in your bag.

If the item is found directly on you, this is the clearest and most straightforward type of possession.

Physical possession is often easier for the prosecution to prove since the item was directly in your control. If you are physically holding an illegal item or it’s found on your body, it can be challenging to argue that you were not in possession.

What Is Knowing Possession in Massachusetts?

Knowing possession means that you were aware that the item existed and that it was illegal or unlawful to possess. You cannot be convicted of possession in Massachusetts unless it is proven that you knew the item was present and knew what it was. For example, if drugs are found in your apartment but you had no idea they were there, the prosecution may struggle to prove you had knowing possession.

The concept of knowing possession is vital because it protects people from being unfairly convicted. Without proving that you had knowledge of the item, a possession charge may not hold up in court.

Is Possession a Felony in Massachusetts?

Whether possession is considered a felony in Massachusetts depends on the item in question and the specific circumstances. Possession of certain:

• drugs,
• weapons, or
• stolen property

can be charged as a felony, especially if you have prior convictions or if the item is tied to another criminal activity.

For example, possession of large quantities of certain controlled substances can result in felony charges. The penalties for felony possession are severe and may include significant jail time and fines, particularly for repeat offenders.