Heroin is classified as a Schedule I controlled substance in New Jersey, which means lawmakers have concluded that the drug is highly addictive and has no accepted medical uses. Possessing, distributing and manufacturing Schedule I controlled substances are serious crimes in the Garden State, and even individuals who have never been in trouble with the law can spend years behind bars for possessing small quantities. Individuals who sell or traffic heroin face even harsher sanctions, and there are sentencing enhancements for offenders who distribute the drug near housing projects or public parks.
Individuals are charged with heroin possession in New Jersey when police officers discover small quantities of the drug that were purchased or otherwise acquired for the suspect’s personal use. However, individuals can be charged with possessing heroin with the intent to distribute even when small quantities of the drug are involved if evidence of a drug dealing enterprise is discovered. Items that could lead police officers to believe that a suspect was selling drugs include scales, packaging supplies, firearms and large amounts of cash.
Heroin possession is a third-degree felony in New Jersey that is punishable by up to five years in a state prison and a fine of up to $35,000. Individuals convicted of heroin possession also lose their driving privileges for six months. The courts favor rehabilitation for non-violent offenders who have become addicted to powerful drugs like heroin, so individuals who are convicted of possessing the drug may be spared jail time if they enter treatment programs.
The penalties for heroin distribution in New Jersey are determined by the amount of the drug discovered by police. When less than half an ounce of heroin is discovered along with evidence of a drug distribution enterprise, offenders are charged with heroin distribution in the third degree. This offence carries a prison sentence of up to five years and a fine of up to $75,000. Second-degree heroin distribution charges are filed when police officers discover between half an ounce and five ounces of the drug. Offenders convicted of heroin distribution in the second degree can be sent to prison for up to 10 years and fined up to $150,000.
The harshest heroin distribution penalties are reserved for offenders found in possession of more than five ounces of the drug. These offenders are charged with heroin distribution in the first degree, and they face mandatory prison sentences. This offense is punishable by a custodial sentence of between 10 and 20 years and a fine of up to $500,000.
The penalties for possessing or selling heroin in New Jersey are harsher when individuals are found in possession of or selling the drug in school zones, on school buses or near public parks or housing projects. Individuals who possess or sell heroin in a school zone or on a school bus must spend at least a year in jail before they become eligible for parole. Individuals who distribute heroin near a public park or housing project are charged with a second-degree offense regardless of the amount of the drug discovered. These offenders face between five and 10 years behind bars and can be ordered to pay fines of up to $150,000.
The penalties for possessing and distributing heroin are harsh in New Jersey, but few offenders receive the maximum sentence. This is because prosecutors are usually willing to make significant charging or sentencing concessions to secure guilty pleas and avoid the risks of going to trial. If you are charged with heroin possession or distribution in New Jersey, a Morristown criminal defense lawyer could negotiate on your behalf during plea discussions. If the police officers involved acted without sufficient probable cause, an attorney could seek to have the evidence they obtained excluded and the charges against you dismissed.
If you are charged with possessing or distributing heroin, you deserve the best legal defense possible. Gregg A. Wisotsky is a Morristown criminal defense lawyer with three decades of experience who will fight fiercely for your rights. You can schedule a free consultation to discuss your case with Mr. Wisotsky by calling (973) 898-0161. You can also complete our online form to schedule a consultation at our Morristown, New Jersey office.