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(732) 659-9600

Middlesex County

Criminal Defense Lawyer

Our Law Firm Has Successfully Handled Thousands of Criminal, DWI, and Municipal Charges in New Jersey


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Heroin Distribution and Intent to Distribute

New Brunswick NJ Heroin Distribution Lawyer

Intent to Distribute Heroin Attorneys in Middlesex County, New Jersey

Heroin is the popular drug of choice among many recreational opiate drug users. Due to its growing demand in New Jersey, the drug has fueled a very competitive and profitable heroin distribution market. The State of New Jersey has enacted very serious penalties against anyone caught manufacturing, distributing, or selling heroin. If convicted, you or your loved one will face the potential of mandatory incarceration in state prison. This is true even in the case of a first-time offender because distribution of heroin is a felony. Additional penalties apply when the offense takes place within a School Zone or within 500 feet of a Park or Public Housing. Our firm’s founding attorney, Will Proetta, has handled well over one thousand cases that include numerous heroin distribution and heroin possession charges as well as cocaine distribution, cocaine possession, marijuana possession, and prescription drug offenses.

As an experienced criminal defense law firm, our attorneys know how the court system operates and will work with the Middlesex County County Prosecutor’s Office to help secure your admittance into Pre-Trial Intervention in an effort to avoid a criminal record. Other options may include Drug Court, which can help you to avoid state prison, or a downgrade, which according to the circumstances, may remand your case to municipal court. We represent clients charged with intent to distribute heroin throughout Middlesex County, including New Brunswick, Carteret, Cranbury, Piscataway, Sayreville, and Monroe Township. Contact our Edison office today to speak with a Middlesex County heroin defense lawyer at (732) 659-9600 absolutely free of charge to build a case strategy to meet your needs.

Heroin Distribution and Intent to Distribute N.J.S.A. 2C:35-5

2C:35-5. Manufacturing, distributing or dispensing heroin

a. [I]t 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, [cocaine]…or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [cocaine].

b. Any person who violates subsection a. with respect to:

(1) Heroin, or its analog, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall 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;

(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree, and a fine of up to $75,000.00 may be imposed.

Degree of Heroin Distribution Charges in New Jersey

First Degree Heroin Distribution5 ounces or more of cocaine10 – 20 years state prison; presumption of incarceration
Second Degree Heroin Distribution½ ounce – less than 5 ounces of cocaine5 – 10 years state prison; presumption of incarceration
Third Degree Heroin DistributionLess than ½ ounce of cocaine3 – 5 years of state prison

Contact a South Plainfield NJ Distribution of Heroin Lawyer for More Information

Heroin distribution cases, like other drug charges, can be very complicated due to Brimage Guidelines. As a result, suppression issues arise that must be litigated by an experienced criminal attorney. For example, if the state mishandled and improperly tested the drugs found, then there was likely insufficient probable cause for arrest. Other examples may include an illegal search and seizure or an inadmissible confession. At the Law Offices of Proetta & Oliver, our lawyers understand heroin distribution charges. In fact, we devote our entire practice to criminal and municipal court defense for clients including heroin possession and distribution throughout Middlesex County and New Jersey, such as South Plainfield, South Brunswick, Perth Amboy, Jamesburg, Spotswood and Sayreville. If you would like to discuss your charges with an experienced heroin distribution lawyer then contact our office at (732) 659-9600 for a free initial consultation today.