Passaic County NJ Heroin Distribution Defense Attorney
Defending Clients Charged with Manufacturing, Distributing, or Dispensing Heroin in New Jersey
Alissa D. Hascup represents clients who have been charged with criminal offenses, including aggravated assault, criminal coercion, and unlawful possession of a weapon in Passiac County, New Jersey, including Clifton, Wayne, Passaic, Paterson, and Little Falls.
Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) as well as Municipal Court (disorderly persons/misdemeanor level offenses). She is a former Morris County Assistant Prosecutor and Special Deputy Attorney General 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, and potentially beat, the charges filed against you.
Being charged with a drug offense, such as manufacturing, distributing, or dispensing heroin, can have serious consequences, including hefty fines and a term of incarceration. 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 the Law Office of Alissa Hascup, LLC anytime for an initial consultation, which is always provided free of charge.
Manufacturing, Distributing, or Dispensing Heroin in New Jersey: N.J.S.A. 2C:35-5
N.J.S.A. 2C:35-5 sets forth:
a. Except as authorized by P.L.1970, c.226 (C.24:21-1), it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the First Degree (punishable by a term of incarceration between 10 and 20 years in New Jersey State Prison). The defendant shall, except as provided in N.J.S.2C:35-12 (Waiver of Mandatory Minimum and Extended Terms), 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. A fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity 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 (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison);
(3) A substance referred to in paragraph (1) of this subsection, in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) except that a fine of up to $75,000.00 may be imposed.
c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possessing with intent to distribute was committed within the applicable statute of limitations.
NOTE: Manufacturing, Distributing, or Dispensing Heroin is a violation subject to sentencing under the “Brimage Guidelines,” which eliminates the defense attorney’s opportunity to argue for a downward departure at the time of sentencing.
Contact a Paterson NJ Heroin Distribution Defense Lawyer for Help
If you are facing charges for Manufacturing, Distributing, or Dispensing Heroin, there are serious consequences associated with a conviction, including hefty fines and exposure to jail time. Don’t delay in hiring legal representation to protect your freedom and your rights.
Ms. Hascup is available anytime to discuss your case. Call her today, or use the online contact form to schedule a free consultation about your case.