What Are The Penalties For Selling Heroin?
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
The penalties for selling heroin can be very significant. Depending on the amount of heroin sold and or the location in which the drugs are sold, an individual convicted of selling heroin may face a significant amount of time in a New Jersey state prison upon conviction. If you or someone you know has been charged with selling heroin, contact our New Jersey criminal defense attorneys today.
Under New Jersey statute 2C:35-5 any individual who purposefully or knowingly:
Manufactures, distributes or dispenses, or possesses or has under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog, specifically heroin, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree.
In this circumstance, the defendant shall, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Under N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed.
If an individual is convicted of possession of a quantity of heroin in an amount of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree. This means that upon conviction the individual will face between five and ten years in a New Jersey state prison.
If an individual is convicted of possession of heroin in a quantity of less than one-half ounce including any adulterants or dilutants, that individual will be guilty of a crime of the third degree except that under N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed. A criminal conviction for a third degree offense can carry between three and five years in a New Jersey state prison.
Under New Jersey statute N.J.S. 2C:35-7, any individual who possesses heroin and violates the New Jersey criminal law by distributing, dispensing or possessing with intent to distribute heroin while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $150,000 may also be imposed upon any conviction for a violation of this section.
Defenses To Selling Heroin
There are many defenses to selling heroin. Some of those can include a motion to suppress evidence as well as a motion to dismiss. A motion to suppress is a motion which asks a court to deem evidence which was seized inadmissible because it was seized in violation of the United States Constitution and or New Jersey Constitution.
If you or someone you know would like to speak to one of our New Jersey criminal defense attorneys call day or night. Our attorneys are ready and willing to assist you