Camden County NJ Heroin Distribution Lawyer
Drug Crime Defense Attorney with Offices in Collingswood, New Jersey
Heroin is among the most dangerous and addictive drugs being used today. Recently, New Jersey has seen an increase in heroin use. The state has responded by taking heroin related cases very seriously and prosecuting them aggressively. Many times, the prosecutor in these cases will seek to impose severe penalties that can have a significant impact on your future educational and employment opportunities. If you have been charged with heroin distribution, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling a huge volume of drug cases such as marijuana possession and cocaine distribution for years in Camden County including Cherry Hill, Gloucester, Lindenwold, and Pennsauken. Also, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute drug charges for the State which means we know what kinds of arguments the prosecution might make. This sort of knowledge and expertise can be extremely valuable in your case. If you have been charged with heroin distribution, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
New Jersey Heroin Distribution Statute: N.J.S.A. 2C:35-5
N.J.S.A. 2C:35-5 is New Jersey’s heroin distribution law. It provides:
a. 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…. 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, 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. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, 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 paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
(4) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants is guilty of a crime of the second degree;
(5) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;
c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations.
Note: Heroin Distribution is included under the “Brimage Guidelines” which means the defense does not get a chance to argue for downward departure (reduced prison sentence).
Heroin Distribution Penalties in New Jersey
First Degree (at least 5 ounces): 10 to 20 years in New Jersey State Prison and $500,000 fine
Second Degree (between one-half ounce and 5 ounces): 5 to 10 years in NJ State Prison
Third Degree (less than one-half ounce): 3 to 5 years in NJ State Prison and $75,000 fine.
Note: For first and second degree offenders, there is a presumption of incarceration meaning you are very likely to receive time in prison. Heroin distribution in the third degree, however, carries a presumption of non-incarceration if you do not have a criminal record meaning you are much more likely to receive probation or entry into the Pre-Trial Intervention Program, if the prosecution consents. If the program is completed, the charges against you will be dropped.
Contact a Winslow NJ Heroin Distribution Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a heroin distribution charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.