Elizabeth NJ Distribution of Heroin Lawyer
Intent to Distribute Heroin in Union County, New Jersey
Heroin has become a popular drug of choice among many recreational opiate drug users. Its growing demand in New Jersey has fueled a very competitive and profitable heroin distribution market. In order to meet this drug problem head on the State has adopted very serious penalties for anyone caught manufacturing, distributing, or selling heroin. However, you can also be charged with intent to distribute if you have more heroin than what can be considered for personal consumption. If convicted, you will face potential mandatory incarceration in state prison, even for a first offender because distribution of heroin is an indictable crime (felony). Additional penalties will apply if the offense if you are charged with Heroin Distribution in a School Zone or Distribution of Heroin within 500 feet of a Park or Public Housing. As founding attorney, Will Proetta, has handled well over one thousand cases including numerous heroin distribution charges over the years. As an experienced criminal law firm we how the court system works and we will work with the County Prosecutor’s Office to help secure your admittance into Pre-Trial Intervention to avoid a record, or Drug Court to avoid state prison or even seek a downgrade and remand to municipal court depending on the circumstances. We represent clients charged with intent to distribute heroin throughout New Jersey including Linden, Roselle Park, Elizabeth, Cranford, Rahway and Springfield. Contact our office today to speak with a heroin distribution criminal lawyer at (908) 838-0150 absolutely free of charge.
New Jersey Heroin Distribution & Intent to Distribute Law
2C:35-5. Manufacturing, distributing or dispensing
a. [I]t 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, [cocaine]…or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [cocaine].
b. Any person who violates subsection a. with respect to:
(1) 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;
(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 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.
What are the Penalties for Heroin Distribution in New Jersey?
The degree of heroin distribution charges and the associated penalties you face are determined by the amount of heroin involved in the specific case. Heroin distribution is classified as a first degree crime when there is 5 ounces of heroin or more. Potential penalties for first degree heroin distribution include a term of incarceration ranging from 10 to 20 years. If the weight of heroin was between 1/2 ounce and 5 ounces, this is graded as a second degree crime punishable by between 5 and 10 years in NJ State Prison. As for cases involving intent to distribute less than 1/2 ounce of heroin, the prison term ranges from 3 to 5 years. First and second degree felony charges for heroin distribution entail a presumption of incarceration, which means even defendants with no prior criminal record are subject to mandatory prison time. As for third degree heroin distribution charges, they have a presumption of non-incarceration, meaning first time offenders may be eligible for Pretrial Intervention (PTI) and other diversionary programs. If you successfully comply with the conditions of PTI during a period of probation, your charges are dismissed and you can move forward unhindered by a criminal record.
It is important to note that the measured weight of heroin used to determine the degree of heroin charges includes any cutting agents, other drugs, or substances combined with heroin during processing or sale. In many cases, the amount of actual pure heroin is far less than the amount that dictates the degree of the crime. In other circumstances, the State may aggregrate the amount of heroin involved in multiple cases to arrive at one more serious charge against the defendant. When the charges are upgraded, the penalties you face become more severe.
Defense Lawyer for Distribution of Heroin in Roselle NJ
Heroin distribution cases, like other drug charges, can be very complicated with Brimage Guidelines and often have suppression issues that must be litigated by an experienced criminal attorney. Examples of this are that the state mishandled and improperly tested the drugs found, there was insufficient probable for arrest, an illegal search and seizure or an inadmissible confession, to mention a few. At the Proetta & Oliver we know how to handle heroin and drug distribution charges. In fact, our entire practice is exclusively dedicated to criminal and municipal court defense for clients including Heroin Possession throughout New Jersey such as Hillside, Westfield, Plainfield, Kenilworth, Clark and Scotch Plains. If you would like to discuss your criminal charges with an experience heroin distribution lawyer then contact our office at (908) 838-0150 for a free initial consultation today.