Strict Liability for Drug-Induced Deaths in New Jersey
Drug Charges Defense Lawyer With Offices in Passaic County and Morris County, NJ
Alissa D. Hascup, experienced criminal defense lawyer, represents clients who have been charged criminal offenses, including drug offenses, weapons offenses, stalking, simple assault, and child abuse in Paterson, Newark, Morristown, Hackensack, Elizabeth, and throughout New Jersey.
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 a serious drug crime, such as Strict Liability for Drug-Induced Deaths, 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 Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.
Strict Liability for Drug-Induced Deaths in New Jersey: N.J.S.A. 2C:35-9
N.J.S.A. 2C:35-9 sets forth:
a. Any person who manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog thereof, in violation of subsection a. of N.J.S.2C:35-5, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and 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).
b. The provisions of N.J.S.2C:2-3 (governing the causal relationship between conduct and result) shall not apply in a prosecution under this section. For purposes of this offense, the defendant’s act of manufacturing, distributing or dispensing a substance is the cause of a death when:
(1) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(2) The death was not:
(a) Too remote in its occurrence as to have a just bearing on the defendant’s liability; or
(b) Too dependent upon conduct of another person which was unrelated to the injection, inhalation or
ingestion of the substance or its effect as to have a just bearing on the defendant’s liability.
c. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance, or by his consenting to the administration of the substance by another.
Contact a NJ Drug Charges Defense Lawyer for Assistance
If you are facing charges for Strict Liability for Drug-Induced Deaths, 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.
Alissa D. Hascup is available anytime to discuss your case. Contact her now for a free consultation about your charges.