New Jersey Drug Crimes Defense Lawyers
Drug Crimes Punishment
New Jersey state law and federal laws both punish drug crimes harshly. Thanks to politicians and prosecutors who want to look "tough" on crime, even a nonviolent possession with intent to distribute charge may draw mandatory time in jail for a first offense. Serious charges, such as a charge of running a drug distribution ring, can land the defendant in prison for life. With so much at stake, it's essential to get help from an experienced Princeton New Jersey drug crimes defense attorney whenever you're facing any type of drug charge.
Punishments for violating New Jersey drug laws are graduated -- that is, the penalties increase when the amount of drugs increases. They also punish some drugs more harshly than others. For example, simple possession of less than 50 grams of marijuana (about one and three-quarters of an ounce) is a misdemeanor ("disorderly person" in New Jersey law), while possession of a Schedule V drug is a fourth-degree crime and possession of other scheduled or outlawed drugs is a third-degree crime. Manufacturing, distributing or possession with intent to manufacture or distribute is always a "crime" (New Jersey's name for a felony), with the degree increasing from fourth to first as the amount and seriousness of the drugs increases.
Prison time for felonies in New Jersey depends on the degree of the crime:
- A first-degree crime is punished with 10 to 20 years in prison.
- A second-degree crime is punished with five to 10 years in prison.
- A third-degree crime is punished with three to five years in prison.
- A fourth-degree crime is punished with up to 18 months (1.5 years) in prison.
- A "disorderly person" conviction is punished with up to six months in jail.
However, prosecutors can increase those sentences substantially if the alleged crime included any of the following circumstances:
- Some or all of the drugs were considered "date rape" drugs.
- Someone age 17 or younger was involved in distributing drugs.
- The drugs were sold or distributed within 1,000 feet of a school, public housing complex, public park or other public building.
- The drugs were sold or distributed to a pregnant woman or a minor. (This doubles the sentence.)
- There was a firearm involved.
In addition, New Jersey law provides for high fines for drug crimes -- up to $750,000 or five times the value of any drugs law enforcement finds. Convicted drug offenders must serve a minimum prison term before they're eligible for parole, and will lose their driver's licenses for six months to two years.
The federal government can choose to prosecute any drug crime. However, it's most likely to be involved if the crime took place on federal property, involved crossing state lines or involved a very large amount of drugs. And federal drug penalties are still very harsh. A first offense for selling cocaine, heroin or methamphetamine is punishable with five to 40 years in prison. Selling the same amount of those drugs draws 20 years to life if there was a death or serious injury involved in the crime. On top of this, federal law allows the government to confiscate any money or property law enforcement believes was acquired through illegal drugs. If law enforcement believes a criminal organization was behind the charge, they may even add racketeering (RICO) charges.
When you're facing a state or federal drug crime in New Jersey, you should call Lependorf & Silverstein as soon as possible. We are an aggressive criminal defense law firm, based in Princeton and serving clients throughout the state. Because we've practiced law in New Jersey for more than 15 years, we know all of the tricks that prosecutors use to build their cases -- and how to counter them. We believe that everyone, no matter what the charge, deserves a thorough and aggressive defense, and we'll work our hardest to make sure our clients get the best one we can provide. And because we offer free consultations, there's no risk in speaking to our Princeton New Jersey drug crimes lawyers about your case and your legal rights.
If you or a loved one has been accused of drug crimes in New Jersey, contact Lependorf & Silverstein today for a free consultation.