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The Penalties for Possessing Ecstasy in New Jersey
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The Penalties for Possessing Ecstasy in New Jersey
Possessing ecstasy, also known as MDMA or molly, is illegal in New Jersey and can result in severe criminal penalties if convicted. Ecstasy is classified as a Schedule I controlled dangerous substance under New Jersey law, meaning it has a high potential for abuse and no recognized medical value. Let’s take a closer look at the specific penalties you may face if caught with ecstasy in the Garden State.
Possession of Ecstasy Charges and Penalties
The penalties for possessing ecstasy in New Jersey primarily depend on the amount you are caught with. The main charges include:
- Third Degree Crime: For possessing 1/2 ounce or less of ecstasy. This is punishable by 3-5 years in prison and fines up to $35,000[1].
- Second Degree Crime: For possessing 1/2 ounce to 5 ounces of ecstasy. This is punishable by 5-10 years in prison and fines up to $150,000[2].
- First Degree Crime: For possessing 5 ounces or more of ecstasy. This is the most serious drug crime in NJ outside of strict liability for drug-induced deaths. It is punishable by 10-20 years in prison and fines up to $300,000[3].
As you can see, New Jersey does not take ecstasy crimes lightly. Even first-time offenders caught with small personal use quantities can face years behind bars. The penalties quickly escalate from there for larger amounts.
Defenses to Ecstasy Charges
Although the penalties are strict, experienced criminal defense attorneys can often get ecstasy charges reduced or even dismissed. Some potential defenses include:
- Illegal Search and Seizure: If the police violated your Fourth Amendment rights by searching you or your property without probable cause or a warrant, any evidence found may be suppressed. This can lead to reduced or dismissed charges[4].
- Misidentified Substance: Ecstasy is commonly confused with other chemicals and substances. Weak cases have been built on presumptive field tests alone. Thorough lab testing could show you possessed a legal substance instead[5].
- Lack of Intent: Prosecutors must prove you knowingly or purposely possessed ecstasy to convict on drug charges. Evidence showing you did not know the pills or powder were illegal drugs could defeat charges.
An experienced New Jersey criminal defense lawyer can evaluate the specifics of your case and build an aggressive defense to avoid harsh penalties.
Penalties for Selling Ecstasy
The penalties for selling or distributing ecstasy in New Jersey are also quite severe. They escalate further based on two main factors – the amount sold and if sales occurred in a school zone:
- Third Degree Crime: For selling less than 1 ounce of ecstasy. Punishable by 3-5 years in prison.
- Second Degree Crime: For selling 1 ounce to 5 ounces. Punishable by 5-10 years in prison.
- First Degree Crime: For selling 5 ounces or more. Punishable by 10-20 years in prison.
- Mandatory Minimum Sentences: Harsher minimum prison sentences also apply for sales within 1,000 feet of any school property. First offenses see a mandatory 3 years in prison. Subsequent offenses jump to mandatory 5-year minimums.
The stakes are clearly high for anyone facing ecstasy distribution charges in New Jersey. Building an aggressive defense is critical.
Finding the Right Lawyer for Your Case
Facing criminal charges for ecstasy possession or distribution is extremely serious. New Jersey hands down lengthy prison terms even for first-time offenders. An experienced criminal defense lawyer can evaluate the evidence against you, build defenses to avoid convictions, and negotiate reduced charges or alternative sentencing if necessary.
Be sure to choose an attorney experienced specifically with ecstasy and other drug crime cases in NJ. Understanding the complex laws and how prosecutors typically handle MDMA charges is crucial. Take advantage of free case evaluations to find the right lawyer for your specific situation.
With an aggressive defense and experienced legal guidance – you can avoid the life-changing penalties these charges potentially bring. Don’t leave your fate to chance. Consult an ecstasy defense lawyer in NJ today.