Somerset County NJ Heroin Distribution Lawyer
The heroin epidemic that has been sweeping through New Jersey for the better part of the last decade does not seem to be slowing down. Law enforcement throughout the State, including in Somerset and Hunterdon County have been out aggressively investigating, arresting and prosecuting anyone and everyone they can that is involved with heroin. Whether that be users and/or the distributors. If you have been arrested and charged with distributing, manufacturing or possessing with the intent to distribute heroin in Somerset County it is crucial that you speak to an experienced criminal defense attorney as soon as possible. These charges tend to be prosecuted to the fullest extent of the law. In fact, in recent times, prosecutors have begun charging anyone that they can with strict liability drug induced death. This offense revolves around a situation in which the prosecution can tie an overdose directly back to the specific dealer. This offense has been on the books for years, however until recently it was never used. If you would like to speak to one of our Somerset County criminal defense lawyers about your options then please contact us at (908)533-1064.
Proetta & Oliver has been defending clients accused of the distribution of heroin, the possession of marijuana with the intent to distribute, the possession of cocaine and the possession of Molly in courts throughout New Jersey including courts in Somerset and Hunterdon County. These are very serious charges and should not be taken lightly. If you would like to speak to one of our criminal defense attorneys about your options then please contact us directly at (908)533-1064. We can discuss the specific facts of your case and we will formulate a game plan that works best to suit your needs, whether that be a trial, suppression hearing or negotiating a favorable plea agreement. We serve all of Somerset and Hunterdon County, including towns like Clinton, Somerville, Bound Brook, Franklin, South Bound Brook, North Plainfield, Raritan, Readington, Flemington and Watchung. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us. Now here is some important information on heroin distribution charges in New Jersey.
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Possession of Heroin with the Intent to Distribute Charges in NJ
NJSA 2C:35-5 is the governing statute in New Jersey for heroin distribution charges. This section of the criminal code will cover a Defendant that is alleged to have been distributing, possessing with the intent to distribute and manufacturing heroin in New Jersey. Each one of those offenses will require the prosecution to prove different elements. Here is breakdown of the different offenses, including what the prosecution must prove.
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- In order to be convicted of this subsection, the State will need to prove that the Defendant knowingly and/or purposely distributed heroin to another. What is important to note here is that the act of “distributing” does not require the actual transfer of money or goods. It simply means the transfer from one person to another.
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- To convict a Defendant of this offense, the State will need to prove that the Defendant possessed or had under their control a quantity of heroin and it was their purpose to distribute that heroin to another.
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- Before a Defendant can be convicted of this offense, the State will need to establish that the Defendant knowingly and/or purposely manufactured the heroin in question. It is important to note here that “manufacturing” means the production, preparation, packaging and/or labeling. So as you can see, it does not require the State to prove the Defendant was actually “making” of the heroin to be convicted of this offense.
Will I go to Jail for Distributing Heroin in NJ?
Heroin distribution charges in New Jersey can either be a first, second or third degree felony in New Jersey. The quantity of heroin in question will dictate what degree a Defendant is charged with. Here is a chart that breaks down not only the different degrees but what the potential penalties are as well.
1st Degree Felony
|More than 5 Oz.|
2nd Degree Felony
More than ½ Oz but Less than 5 Oz.
|3rd Degree Felony|
Less than ½ Oz.
If it is alleged that the heroin was distributed in a school zone or a park zone, the Defendant will be charged with an additional offense. For more information on distributing drugs in a school zone or a public park please click the links.
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Being charged with a criminal offense can be scary however being charged with distributing heroin can be downright terrifying. If you have been arrested and charged with distributing marijuana, the possession of cocaine with the intent to distribute, aggravated assault, unlawful possession of a weapon, endangering the welfare of a child or any other offense for that matter in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. We have been defending clients accused of crimes in courts throughout New Jersey for years now. If you would like to speak to one of our Somerset County criminal defense lawyers today about your options then please contact us at (908)533-1064. Our criminal defense attorneys serve towns like Bound Brook, Bridgewater, Hillsborough, Clinton, Franklin, Montgomery, Far Hills, East Amwell and Somerville.