Lyndhurst NJ Heroin Possession and Distribution Defense Attorneys
Hackensack NJ Heroin Drug Crimes Defense Lawyers
Travis J. Tormey and his team of criminal trial lawyers represent clients charged with offenses such as distribution of marijuana, possession of heroin, and possession of drug paraphernalia in Bergen County municipalities including Elmwood Park, Fort Lee, and Saddle Brook. The criminal defense attorneys at the Tormey Law Firm have effectively resolved thousands of criminal cases, including indictable felony crimes and disorderly persons offenses in Bergen County and across the state. In fact, Mr. Tormey was named one of the 10 best criminal defense lawyers in NJ by the American Jurist Institute. In addition, Christopher Perry was named a SuperLawyer Rising Star in 2018 in the area of criminal defense. For a free consultation about your case, contact the Hackensack offices of The Tormey Law Firm anytime at (201)-330-4979.
Possession of Heroin in New Jersey: N.J.S.A. 2C:35-10
Heroin possession in New Jersey is governed by N.J.S.A. 2C:35-10(a)(1), which provides, in pertinent part:
§ 2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
A third degree crime is an indictable (felony) level offense that will be prosecuted at the Superior Court in the county in which the alleged offense was committed. A third degree crime is punishable by three (3) to five (5) years in state prison. If you have no prior history and are charged with third degree heroin possession, you may be eligible for the Pre-Trial Intervention (PTI) program.
Distribution of Heroin in New Jersey: N.J.S.A. 2C:35-5
Distribution of heroin offenses in New Jersey are governed by N.J.S.A. 2C:35-5. The degree of these charges is contingent upon the amount of heroin allegedly in your possession at the time of the offense:
- First degree distribution – Possession of five (5) ounces or more of heroin with intent to distribute. This is punishable by 10 to 20 years in New Jersey State Prison, and there is a presumption of incarceration
- Second degree distribution – Possession of more than one-half ounce but less than five (5) ounces of heroin with intent to distribute. This is punishable by five (5) to ten (10) years in New Jersey State Prison, and there is a presumption of incarceration.
- Third degree distribution – Possession of less than one-half ounce of heroin with intent to distibute. This is punishable by three (3) to five (5) years in New Jersey State Prison, and there is a presumption of non-incarceration if the defendant has no prior criminal history.
Contact The Tormey Law Firm in Hackensack, NJ for Immediate Assistance
As you can see, the penalties for possession and distribution of heroin can be severe. If you are facing charges related to heroin in Bergen County, New Jersey, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. You can also fill out our online contact form to schedule a free consultation about your case or an in-person appointment at our office.