What Kind of Drug Charges Can You Face, and What Are the Penalties?
If you have been charged with a drug offense in New Jersey, you could be facing severe penalties, including steep fines and a lengthy prison sentence, depending on the type and amount of the controlled substance that you had and whether you intended to sell or distribute the drug. There are several drug charges in New Jersey, ranging from disorderly persons offenses to first-degree drug charges, which is the most severe offense.
If you are facing charges, it is recommended that you contact an experienced drug charge lawyer who will recommend the most effective defense strategy.
What Are the Different Types of Drug Charges?
In New Jersey, drug charges are categorized by degree, ranging from disorderly persons offense to first-degree drug charges. The more severe the penalties become, the closer the offense becomes to a first-degree crime. The following are the drug changes:
- Disorderly persons offense charge: If you were found with less than 50 grams of marijuana or drug paraphernalia like needles, baggies, pipes, or bongs, you may be charged with a disorderly persons offense, which is the least severe drug offense.
- Fourth-degree drug charge: Examples of fourth-degree drug charges include possession of more than 50 grams of marijuana, distribution of less than one ounce of marijuana, possession of prescription drugs, and distribution of drug paraphernalia.
- Third-degree drug charge: This type of crime involves possession of any controlled and dangerous substance (CDS) from Schedule I to V, except marijuana or hashish. In most cases, this type of drug charge involves cocaine, heroin, oxycontin, and ecstasy.
- Second-degree drug charge: You may be charged with a second-degree drug offense if you are found with more than half an ounce but less than five ounces of fentanyl, ecstasy, cocaine, heroin, methamphetamine, or a larger amount of certain prescription drugs.
- First-degree drug charge: This is the most serious drug offense with severe penalties. You could face first-degree drug charges if you are found with five ounces or more of fentanyl, ecstasy, cocaine, heroin, methamphetamine, or an extremely large amount of prescription medication. In addition, distribution of over 25 pounds of marijuana, larger quantities of cocaine and heroin, manufacturing methamphetamine, and producing synthetic drugs like fentanyl can lead to a first-degree charge. Drug trafficking is also a first-degree offense that has severe legal penalties.
What Are the Penalties for Different Drug Charges?
The penalties you will face if you have been charged with a drug offense will depend on a range of factors, including the type of drug, the amount of the drug that you had in your possession, and whether you intended to sell or distribute the drug. The following are examples of the penalties you could face based on the degree of the crime:
- First-degree drug charges: This is the most severe drug charge. If convicted, you could face up to 20 years in prison, significant fines, and a possible loss or suspension of your driver’s license. If you were convicted of drug trafficking, you would face a mandatory minimum sentence of life in prison.
- Second-degree drug charges: While less severe than first-degree drug charges, the penalties include up to 10 years in prison and up to $150,000 in fines. It is also highly likely that your driver’s license will be suspended or revoked.
- Third-degree drug charges: The penalties for a third-degree drug offense include three to five years in prison, up to $35,000 in fines, and a possible loss or suspension of your driver’s license.
- Fourth-degree drug charges: This comes with a maximum prison sentence of up to 4 years, fines of up to $25,000, and a possible loss or suspension of your driver’s license.
- Disorderly persons offense: This is the least severe drug charge and has the most minor severe penalties, including a maximum prison sentence of up to six months, fines of up to $1,000, and the loss or suspension of your driver’s license.
What Are the Penalties for a First-Time Offender?
New Jersey is very strict when it comes to enforcing drug charges. While the penalties for first-time offenders may be less severe when it comes to other crimes like shoplifting or disorderly conduct, first-time offenders are not exempt from the harsh penalties associated with a drug offense. However, every case is unique, and whether you will face serious penalties as a first-time offender will depend on the details of the charges brought against you.
In some cases, you may be eligible for alternative sentencing options, including the Pre-Trial Intervention (PTI) program, which suspends prosecution. At the same time, you complete certain conditions, like a drug treatment program or counseling. If you complete the PTI, the charges against you may be dismissed.
What Are the Defense Strategies for a Drug Charge?
If you are facing drug charges, it is crucial that you have a highly skilled drug charge lawyer on your side who will protect your legal rights and recommend the most effective legal strategy that will lead to the charges against you being dismissed or reduced. The following are examples of defense strategies for a drug charge:
- Illegal search and seizure
- Dispute the possession
- Question the legality of the substance
- Discovery violations or entrapment
The Freehold Drug Charge Lawyers at Lyons & Associates, P.C. Represent Clients Charged With a Drug Offense
If you have been charged with a drug offense, it is highly recommended that you contact the Freehold drug charge lawyers at Lyons & Associates, P.C. as soon as possible. We will review the details of your case, determine the severity of the charges, and recommend the defense strategy that will protect your legal rights and result in the best possible outcome. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Monmouth County, Mercer County, and Burlington County.