Heroin Distribution Laws in New Jersey
Elizabeth, NJ Distribution of Heroin Charge Attorney
- Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
- Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
- High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
- Recognition: He has been recognized as a Rising Star by Super Lawyers.
If you or a loved one is facing a heroin distribution charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential 2C:35-5 case.
What’s the Definition of Distributing Heroin in New Jersey?
According to the New Jersey Code of Criminal Justice (2C § 35-5), it is unlawful for any person to knowingly or purposely:
- Distribute or dispense, or possess or have under their control with the intent to distribute or dispense, a controlled dangerous substance (CDS) or controlled substance analog.
- Manufacture a CDS or controlled substance analog, or possess or have under their control with the intent to manufacture, a counterfeit controlled dangerous substance.
Specifically, New Jersey defines heroin distribution charge as:
- Manufacturing, Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:
- (1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
- (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
Classification of Offenses
Drug distribution offenses are classified based on the type of substance and the amounts distributed (either actual or intended). Here’s how heroin distribution is categorized:
- Heroin or Cocaine:
- 5 ounces or more: 1st degree crime
- 1/2 ounce to 5 ounces: 2nd degree crime
- Less than 1/2 ounce: 3rd degree crime
- Schedule I or II Narcotic (excluding heroin or cocaine):
- 1 ounce or more: 2nd degree crime
- Less than 1 ounce: 3rd degree crime
- Lysergic Acid Diethylamide (LSD):
- Less than 100 milligrams (or where the amount is undetermined): 2nd degree crime
- Methamphetamine:
- 5 ounces or more: 1st degree crime
- 1/2 ounce to 5 ounces: 2nd degree crime
- Less than 1/2 ounce: 3rd degree crime
- 25 pounds or more, 50 or more plants, or more than 5 pounds of hashish/concentrate: 1st degree crime
- 5 pounds to 25 pounds, 10-50 plants, 1 pound to 5 pounds of hashish/concentrate: 2nd degree crime
- 1 ounce to 5 pounds, 5 grams to 1 pound of hashish/concentrate: 3rd degree crime
- Less than 1 ounce, less than 5 grams of hashish/concentrate: 4th degree crime
Sentences and Penalties
- 1st degree crime: 10 – 20 years in prison
- 2nd degree crime: 5 – 10 years in prison
- 3rd degree crime: 3 – 5 years in prison
Those convicted of distributing drugs may also be subject to fines, which vary based on the type of substance and other factors. Remember that state laws can change, so it’s essential to consult an attorney or conduct your own legal research to verify the most up-to-date information. Contact Attorney Brett Rosen today to discuss you or your loved one’s New Jersey heroin distribution charge.
Frequently Asked Questions (FAQs)
- Question: What if I never received payment when I gave the heroin away, can I still be charged with drug distribution in New Jersey?
- Answer: In New Jersey, the law defines distribution of a controlled dangerous substance as transferring it from one individual to another, which can occur without any payment or promise thereof. Therefore, even if you never received payment when giving away heroin, you could still be charged with drug distribution. The intent to distribute is a key factor, and it is not necessary for a financial transaction to have taken place for the charge to apply.
- Question: Am I eligible for Pre-Trial Intervention or Drug Court if I’m facing a heroin distribution charge in New Jersey?
- Answer: Eligibility for Pretrial Intervention (PTI) or drug court in New Jersey can be complex and is determined on a case-by-case basis. Generally, PTI is designed for first-time offenders of non-violent crimes, and it aims to provide rehabilitative services to deter future criminal behavior. However, there are specific criteria that must be met, and certain charges, especially those involving serious drug offenses like heroin distribution, may require the prosecutor’s consent or may even disqualify an individual from PTI. Drug court is another alternative that focuses on treatment and rehabilitation for drug-related offenses, but again, eligibility is determined based on several factors, including the nature of the offense and the individual’s criminal history.
Top-Shelf New Jersey Heroin Distribution Lawyer
If you need legal assistance, consider reaching out to experienced criminal defense firms like Brett Rosen, known for their aggressive representation in New Jersey.