I am pleased to announce that I am now affiliated with the Criminal Practice Group of Einhorn, Barbarito, Frost, Botwinick, Nunn & Musmanno, P.C.

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:

  1. a prescription drug in an amount of four or fewer units (pills) is a disorderly person;
  2. 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.

Contact Us

If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and incredibly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your criminal charges. She will review the facts of your case, answer your questions, and explain how she can best defend you.

Ms. Hascup can be reached 24/7. For your convenience, she offers night and weekend appointments, as well as virtual appointments.

Courts We Serve

In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park, in Morris County, including Morristown, Parsippany, Denville, Randolph, Rockaway, Madison, Boonton, Dover, East Hanover, Montville, Lincoln Park, Pequannock, Butler, and Riverdale, in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.

Offices

999 Riverview Drive

Totowa, NJ 07512


165 East Main Street

Denville, NJ 07834


862-257-1200