Distribution of Heroin and Drug Trafficking
Have You Been Charged With Heroin distribution in Ocean County, New Jersey? Let us help you.
Being charged with the distribution of heroin, or possession with intent to distribute is a very serious business. And, if you have been charged with drug trafficking, you could be facing a $500,000 fine and a minimum of 25 years in prison before being eligible for parole.
Usually, charges of distribution will be brought if you’re found in possession of more than five ounces of the drug, or you’ve been caught in the act of selling the heroin or providing it to other individuals for the purpose of sale. Since raw heroin must be processed before it’s sold, it’s also possible to be charged with the manufacture and trafficking of heroin which are very serious federal crimes that require the most experienced lawyers you can hire.
The team at The Law Offices of Jonathan F. Marshall is available to take on your case.
Penalties for Drug Crimes Involving Heroin
New Jersey Section Code 24:21-1, et seq.; 2C:35-2, et seq.
In New Jersey, the laws governing drug crimes involving heroin are complicated because you may face additional penalties for using, possessing or distributing this drug near a school, housing project or public park, or by involving minors in its use or distribution.
Prosecutors distinguish between three weights of heroin when assessing criminal penalties, and whether or not the heroin in your possession was for personal use, or if you intended to sell or distribute it:
- Possession of less than 1/2 an ounce: Possession of heroin for personal use of is a third degree crime punishable by 18 months to five years in prison, a fine of up to $35,000, and a mandatory 6-month suspension of your driver’s license.
- Possession With Intent to Distribute of less than 1/2 an ounce: Is a third degree crime punishable by up to five years in prison, a fine of up to $75,000.
- 1/2 ounce to 5 ounces: Is a second degree crime and faces 18 months to 5 years in prison.
- Over 5 ounces: Possession of more than 5 ounces of heroin, which also includes adulterants and dilutants, is a first degree crime with a fine of up to $500,000 and a fixed prison sentence of 10-20 years
- Heroin Trafficking: If you are found guilty of being a leader of narcotics trafficking network you face life in prison (25 year minimum before parole) and/or $500,000 fine.
- Selling Heroin in a School Zone: Selling heroin within 1,000 feet of school zone carries a fixed prison term and a fine of up to $100,000
- Other Crimes: Selling to minor or pregnant female: doubles penalties you face.
Quantity Counts, But So Does Hiring An Experienced Drug Defense Attorney
The more heroin in your possession, the greater your chances of being charged with the more serious crime of possession with intent to distribute, however, it is our experience that prosecutors are most interested in aggressively pursuing drug manufacturers and dealers than they are the individual drug addict.
If you were charged with intent to distribute after being caught with a recreational amount of heroin and it can be shown it was for your own personal use, we may be able to work with the district attorney to either plead you down to a lesser charge, or (if small amounts of heroin involved) have the charges dismissed entirely pending completion of a drug treatment program.