NJ Possession of Prescription Drug Charges Defense Attorney
Prescription Drug Crime Defense Lawyer With Offices Located in Passaic County and Morris County, New Jersey
Experienced criminal defense attorney Alissa D. Hascup represents clients who have been charged with serious criminal offenses – drug offenses, aggravated assault, witness tampering, and weapons offenses – throughout New Jersey, including in Paterson, Newark, Morristown, Hackensack, and Elizabeth.
Ms. Hascup has successfully defended thousands of cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Assistant County Prosecutor, Special Deputy Attorney General, and Municipal Prosecutor, who handled a variety of serious drug-related cases during the course of her distinguished career. She knows what it takes for the State to prove a drug case beyond a reasonable doubt – and will use that knowledge to defend the charges filed against you.
Being charged with any drug offense, including a crime related to prescription drugs, can have serious consequences. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Ms. Hascup is prepared to attack the state’s case and put you in a position to achieve the best possible result.
Contact her for an initial consultation, which is always provided free of charge.
Prescription Drug Possession and Distribution in New Jersey: N.J.S.A. 2C:35-10.5
All crimes related to the Possession, Possession With Intent to Distribute, and Distribution of Prescription Drugs are addressed by N.J.S.A. 2C:35-10.5, which sets forth:
a. A person who knowingly:
1. distributes (sells) a prescription drug in an amount of four or fewer units (pills) is a disorderly person;
2. distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of four or fewer units (pills) is guilty of a crime of the fourth degree;
3. distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of at least five but fewer than 100 units (pills) is guilty of a crime of the third degree;
NOTE: A fine of up to $200,000 may be imposed for a conviction under this subsection
4. distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of 100 or more units (pills) is guilty of a crime of the second degree.
NOTE: A fine of up to $300,000 may be imposed for a conviction under this subsection
b. A person who uses any prescription drug other than as prescribed is a disorderly person.
c. A defendant may be convicted for a violation of subsection b. if he manifests symptoms or reactions caused by the use of ANY prescription drug.
d. A person who obtains or attempts to obtain possession of a prescription drug by forgery or deception is guilty of a crime of the fourth degree.
e. A person who knowingly possesses, actually or constructively:
- a prescription drug in an amount of four or fewer units (pills) is a disorderly person;
- a prescription drug in an amount of five or more units (pills) is guilty of a crime of the fourth degree.
New Jersey Prescription Drug Offense Penalties
A crime of the Second Degree is punishable by a period of incarceration between 5 and 10 years in New Jersey State Prison. There are also mandatory financial penalties associated with a Second Degree drug conviction, including a $2,000 Drug Enforcement Demand Reduction (DEDR) penalty and a $50 laboratory fee.
A crime of the Third Degree is punishable by a period of incarceration between 3 and 5 years in New Jersey State Prison. There are also mandatory financial penalties associated with a Third Degree drug conviction, including a $1,000 DEDR penalty and a $50 laboratory fee.
A crime of the Fourth Degree is punishably by a period of incarceration of up to 18 months in New Jersey State Prison. There are also mandatory financial penalties associated with a Fourth Degree drug conviction, including a $750 DEDR penalty and a $50 laboratory fee.
A disorderly persons offense is not considered a “crime” in the State of New Jersey, but is still punishable by a period of up to 6 months in the county jail. There are also mandatory financial penalties associated with a disorderly persons drug conviction, including a $500 DEDR penalty and a $50 laboratory fee.
Contact a NJ Prescription Drug Defense Lawyer for a Free Consultation
If you are facing charges for Possessing, Possessing With the Intent to Distribute, or Distribution of Prescription Drugs, there can be serious consequences associated with a conviction, including jail time and hefty fines. Don’t delay in hiring legal representation. Protect your freedom and your rights.
Alissa D. Hascup is available anytime to discuss your case. Contact her today to schedule a free consultation about your charges.
