Passaic County New Jersey Heroin Distribution
The trial attorneys at the Law Offices of Jonathan F. Marshall represent clients charged with possession and distribution of heroin, possession and distribution of cocaine, prescription drug charges, and possession of drug paraphernalia throughout Passaic County, New Jersey, including in Wayne, Clifton, Paterson, Totowa, Little Falls, Passaic City and Bloomingdale. Heroin is one of the most addictive drugs available today, accounting for an increasingly high amount criminal activity. Prosecutors and law enforcement officers are keenly aware of this, seeking to enforce laws proscribing heroin to the fullest extent possible. A conviction of possession or distribution of heroin in New Jersey carries stiff penalties, including lengthy prison sentences and massive fines. It is vitally important that an individual facing prosecution for the possession or distribution of heroin hire an experienced criminal defense attorney. The trial lawyers at the Law Offices of Jonathan F. Marshall are skilled at challenging the prosecution’s case and ensuring our clients’ constitutional rights in drug cases. If you or a loved one has been arrested for or charged with possession or distribution of heroin, please contact the Law Offices of Jonathan F. Marshall for a free initial consultation at 862-203-4070.
Heroin Possession – N.J.S.A. 2C:35-10
The criminal charge for possession of heroin is set forth in N.J.S.A. 2C:35-10 that makes it “unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, [heroin]…” If a person is found guilty under this law, he “is guilty of a crime of the third degree, and a fine of up to $35,000 may be imposed.”
Intent to Distribute Heroin – N.J.S.A. 2C:35-5
The New Jersey law governing manufacture or distribution of heroin is contained at N.J.S.A. 2C:35-5. This statute makes it unlawful to knowingly or purposely “manufacture, distribute or dispense, or to possess or have under his or her control with intent to manufacture, distribute or dispense, [heroin]…” The penalties for a violation are also set forth in the law and provide that:
- Heroin, or its analog, 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 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;
- 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;
- A substance referred to in 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, and a fine of up to $75,000.00 may be imposed.
School Zone Charges – N.J.S.A. 2C:35-7
New Jersey law imposes enhanced penalties for distributing or selling heroin within a school zone under N.J.S.A. 2C:35-7. If this offense occurs within 1,000 feet of school property, the defendant “shall be sentenced by the court to a term of imprisonment…[that] shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole.”
Public Park or Housing Facility – N.J.S.A. 2C:35-7.1
An individual who sells or distributes heroin near a park or public housing facility faces significant additional penalties, as set forth in N.J.S.A. 2C:35-7.1. This law escalates any sale or intent to distribute charge to a crime of the second degree, irrespective of the weight of the heroin involved.
Clifton NJ Heroin Lawyer
The consequences of an arrest or indictment for possession, manufacturing or distributing heroin can be far-reaching given the exposure to significant legal expenses, possible seizure or forfeiture of assets, and other monetary penalties. A conviction can also result in lengthy county jail or state prison time. The criminal defense lawyers at the Law Offices of Jonathan F. Marshall possess decades of experience to assist you in avoiding these pitfalls. Do not sit idle if you were arrested on a heroin violation as our attorneys are ready to discuss how we can assist you. A lawyer is available immediately at 862-203-4070 for a free consultation.
