Hazlet NJ Heroin Distribution Defense Lawyers
With the recent surge in heroin use and abuse in New Jersey, law enforcement officials have implemented a serious crack-down on offenders, increasing investigative activities and conducting thousands of searches at local residences in Monmouth and Ocean counties. When they do, in fact, discover heroin in homes or suspected drug manufacturing facilities, the consequences can be catastrophic for those accused of distributing heroin to the community. For example, if detectives discover between one-half ounce and five ounces of heroin in your residence, subsequently charging you with second degree possession of heroin with intent to distribute, you are exposed to a prison term of up to 10 years, in addition to fines that may permanently cripple you financially.
Under New Jersey law, heroin distribution is addressed under the same statute as offenses for manufacturing heroin and possessing heroin with the intent to distribute. This statute, found in section N.J.S.A. 2C:35-5 of the New Jersey Criminal Code, distinguishes among varying degrees of these charges, which are contingent upon the the amount, specifically, the measured weight, of the heroin involved in the alleged offense. The penalties associated with a conviction for heroin distribution are also determined by the degree of these charges and may range from 3 to 20 years in New Jersey State Prison.
At Chamlin, Rosen, Uliano & Witherington, our seasoned criminal defense lawyers have been dedicated to defending those accused of heroin distribution and other crimes in Monmouth County since the firm opened its doors over 5 decades ago. Guided by partner Charles J. Uliano, who is one of the only 43 attorneys (out of 80,000) in the state of New Jersey who hold dual Certifications from the New Jersey Supreme Court in both Civil and Criminal Law, we have the knowledge, experience, and resources to defend your rights in courts at the county, state, and federal level. To speak with a member of our criminal defense team today, contact our West Long Branch office at 732-440-3950.
Manufacturing, Distributing, or Dispensing Heroin in New Jersey: N.J.S.A. 2C:35-5
Under New Jersey Law, controlled dangerous substances are classified according to a system that separates these substances into a series of schedules, numbered from I (one) to V (five). Heroin is classified as a Schedule I drug, which means that it is determined to have a high potential for abuse and either has no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.
According to N.J.S.A. 2C:35-5:
a. Except as authorized by P.L.1970, c.226 (C.24:21-1), 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.
b. Any person who violates subsection a. with respect to:
(1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the First Degree. The defendant shall, except as provided in N.J.S.2C:35-12 (Waiver of Mandatory Minimum and Extended Terms), be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. A fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces,including any adulterants or dilutants is guilty of a crime of the Second Degree;
(3) A substance referred to in paragraph (1) of this subsection, in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the Third Degree. A fine of up to $75,000.00 may be imposed.
Penalties for Heroin Distribution in New Jersey
Heroin Distribution as a First Degree Crime: punishable by a term of incarceration ranging from 10 to 20 years in New Jersey State Prison and a maximum fine of $500,000
Heroin Distribution as a Second Degree Crime: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison as well as a maximum fine of $150,000
Heroin Distribution as a Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison, as well as a maximum fine of $75,000
Contact Monmouth County NJ Heroin Distribution Attorneys Today
The consequences of a conviction for distributing heroin in New Jersey extend far beyond a prison sentence, with the potential to permanently damage your reputation, hinder your future employment prospects, and deter you ability to reach your full potential personally, professionally, and financially. You are, however, entitled to the most vigorous defense afforded under the law. At Chamlin, Rosen, Uliano & Witherington, we pride ourselves on the unparalleled legal representation that only 50-plus years of experienced can provide. Call to learn more about how we will work toward protecting your future. Our West Long Branch office can be reached at 732-440-3950.