East Brunswick NJ Drug Distribution Attorneys
In East Brunswick, as elsewhere around the state of New Jersey, there are few offenses that are treated more seriously than distribution of drugs (e.g. marijuana, cocaine, heroin or prescription legend drugs like Vicodin, Percocet, and Oxycodone). The same can be said for possession of CDS with intent to distribute. If you or someone you love has been charged with selling, distributing or possession with intent to distribute drugs, you cannot afford to be without experienced representation. Our East Brunswick Law Firm is highly experienced in defending all varieties of drug trafficking. Call our former prosecutors for immediate assistance by calling 732-227-1200.
Distributing, Selling or Possessing With Intent to Distribute
N.J.S.A. 2C:35-5 lays out specifically how a person will be held liable for drug distribution charges or possession with intent to distribute charges. As the statute reads, “It shall be unlawful for any person knowingly or purposely 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.” In simpler terms, if the state can show that the person knew they were or purposely intended to distribute drugs, then they will be able to obtain a conviction on this offense. While this is fairly straightforward, the rest of the statute lays out specifically how different types of drugs are treated differently for purposes of sentencing. Predictably certain drugs are treated more harshly than others. For example, drugs like heroin, cocaine, MDMA (e.g. Molly, Ecstasy, etc.), LSD and methamphetamine are treated the most severely. It is a crime of the first degree for a person to possess with intent to distribute five ounces or more of either cocaine or heroin. It is a crime of the second degree for a person to possess with intent to distribute more than one-half ounce, but less than five ounces of either cocaine or heroin. Lastly, in regards to cocaine and heroin, possession with intent to distribute of less than one-half ounce is treated as a third degree crime. The only other drug distribution charge that can give rise to a first degree charge for such a small quantity on its own is possession with intent to distribute methamphetamine. With regards to methamphetamine, as with heroin and cocaine, it is a first degree crime to possess with intent to distribute five ounces or more of the substance or its analogs. It is a second degree crime to possess with intent to distribute less than five, but more than one-half ounce of methamphetamine. Lastly, it is a third degree crime to possess with intent to distribute less than one-half ounce of methamphetamine. Compare this to the comparative leniency that is attributed to marijuana distribution charges. In order to commit a first degree marijuana distribution charge, a person must be caught with twenty-five pounds of marijuana. A second degree charge arises when a person is in possession with intent to distribute less than twenty-five pounds, but more than five pounds of marijuana. It is a third degree crime to possess with intent to distribute more than one ounce, but less than five pounds. Lastly, it is a crime of the fourth degree to possess with intent to distribute less than one ounce of marijuana.
Penalties for Distribution of CDS
While the gradation is slightly different for different prescription legend drugs and other drugs in Schedules I, II, III, IV, and V, these are the most common offenses. The differences in gradation are significant. If convicted of a first degree offense, a person will be subject to between 10 and 20 years of incarceration. This is without mentioning the fact that, at least with regards to heroin and cocaine, a mandatory minimum sentence is imposed and a fine of up to $500,000 is possible. With regards to methamphetamine and marijuana, the maximum fine that may be imposed on first degree charge is $300,000. As for a second degree offense, this comes with a period of incarceration of between 5 and 10 years. A third degree offense comes with a period of incarceration of between 3 and 5 years. And a fourth degree offense carries with it a period of incarceration of up to 18 months. Lastly, assuming there are no aggravating factors like distribution in a school zone, it is worth noting that like the first degree offenses, all of these offenses carry with them potentially crippling fines totalling anywhere from $10,000 to $150,000.
CDS Distribution Lawyers in East Brunswick NJ
East Brunswick and the State of New Jersey take drug distribution within their borders very seriously. This is the case whether the drug is marijuana or something at the other end of the spectrum like MDMA or LSD. While prosecutors are aggressive and penalties are stiff, to not think that there is nothing that can be done for you. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges, including drug distribution charges, in East Brunswick Municipal Court and Middlesex County Superior Court. Our team of attorneys even includes a number of former prosecutors well versed in every element the state must prove to obtain a conviction. So please, if you or a loved one are in trouble and need help on your East Brunswick drug distribution charge, do not hesitate to contact our office today for a free consultation with an experienced attorney about the particulars of your case.