What are the Penalties for Selling Heroin in New Jersey?

Selling heroin in New Jersey can lead to some pretty serious criminal charges and penalties. Heroin is classified as a Schedule I controlled dangerous substance under New Jersey law (N.J.S.A. 24:21-5), which means it has a high potential for abuse and no accepted medical use[3]. Let’s take a look at the specific laws and potential penalties for heroin distribution in the Garden State.

Criminal Charges for Selling Heroin

Under New Jersey statute 2C:35-5, it is illegal to manufacture, distribute, dispense, or possess heroin with intent to manufacture, distribute, or dispense it. If you are caught selling any amount of heroin in New Jersey, you can be charged with a crime. The criminal charges and penalties depend on the amount sold:

• Distributing less than 1 ounce (or 28.35 grams) of heroin is a third-degree crime
• Distributing 1 ounce to 5 ounces is a second-degree crime
• Distributing 5 ounces or more is a first-degree crime

First-degree crimes carry the harshest punishments in New Jersey. Selling large quantities of heroin is automatically a first-degree crime, even if it’s a first offense[1].

Penalties for Selling Heroin in New Jersey

A third-degree heroin distribution charge carries a potential prison sentence of 3-5 years and a fine of up to $35,000[4]. Second-degree charges bump the possible prison time up to 5-10 years and a fine of up to $150,000[5]. But the biggest penalties come with first-degree charges:

• 10-20 years in New Jersey State Prison
• Fine of up to $500,000

In addition to fines and imprisonment, a felony conviction for selling heroin will result in a permanent criminal record. This can negatively impact your employment opportunities, professional licensing, and more. Felony drug convictions also result in a driver’s license suspension of at least 6 months in New Jersey[6].

Sentencing Enhancements

On top of the standard penalties, your sentence for selling heroin can be enhanced if certain conditions are met:

• School Zone – An additional penalty of 1-2 years in prison and $150,000 fine if you sell heroin within 1,000 feet of a school, even if it’s your first drug offense. This is also known as the “Drug-Free School Zone” law[6].
• Public Housing – Up to an additional 3 years in prison if the sale occurred in or within 500 feet of public housing.
• Park Zone – An extra term of imprisonment if you sold drugs in or near a public park or building.
• Juvenile Involvement – Harsher penalties if you used a juvenile to commit a drug offense.

The closer you are to a school when selling heroin, the worse the sentencing enhancements. Selling right on school grounds can result in an additional 3-5 years behind bars[1].

Defenses Against Heroin Distribution Charges

Although the penalties are severe, experienced New Jersey criminal defense attorneys may be able to get heroin charges reduced or dismissed. Some potential defenses include:

• Illegal Search – If the police violated your 4th Amendment rights by searching you or your property without probable cause, any evidence found may be suppressed.
• Entrapment – You can claim entrapment if law enforcement pressured or coerced you into committing a crime you otherwise wouldn’t have.
• Misidentification – Eyewitness misidentification is a common cause of wrongful convictions. If a witness fingered the wrong person, the charges could be dropped.
• Lack of Intent – Prosecutors must prove you intended to manufacture, distribute, or dispense the heroin. Just possessing it is not enough.

An experienced New Jersey criminal defense lawyer will thoroughly analyze the details of your case to determine the best defense strategy. This gives you the greatest chance at an acquittal or reduced charges.

Getting Legal Help for Heroin Charges

If you or a loved one is facing heroin distribution charges in New Jersey, don’t go it alone. The penalties are severe, and the laws complex. An knowledgeable drug crimes attorney can advise you of your rights and build the strongest possible defense to avoid harsh punishments. Don’t leave your fate up to chance – get experienced legal help fighting your heroin charges in NJ.

At the Law Offices of Jeff Adams, we have successfully defended clients against heroin and other drug distribution charges throughout New Jersey. Our firm understands these complex laws inside and out, and will aggressively defend your rights. Don’t wait to get the legal representation you deserve. Contact us for a free consultation on your heroin charges today.

References

• https://www.breslowlaw.com/drug-crimes/heroin-possession-charges
• https://www.newjerseycriminallawattorney.com/drug-crimes/heroin-offenses/
• https://www.johnbbrennanlaw.com/drug-crimes/new-jersey-heroin-charges-defense-attorney/
• https://www.gelmanlawfirm.com/blog/penalties-for-heroin-possession-nj/
• https://www.criminallawyer-nj.com/drug-defense/possession/heroin-possession/
• https://www.breslowdefense.com/heroin-possession-distribution.html