Morris County NJ Cocaine Possession and Distribution Lawyer
Drug Crimes Defense Attorneys with Offices in Morristown, New Jersey
Prosecutors all over New Jersey actively prosecute cocaine charges to the full extent of the law. If you have been charged with cocaine possession or distribution, it is imperative that you speak with an experienced Cocaine Defense lawyer.
The attorneys at the Tormey Law firm have extensive experience representing clients charged with drug-related crimes in Morristown, Parsippany, and Roxbury. Our criminal defense attorneys have successfully handled thousands of cases all over New Jersey. One of our partners, Alissa D. Hascup, is a former Assistant Morris County Prosecutor, former Special Deputy Attorney General, and active Municipal Prosecutor who has Prosecuted a wide range of criminal cases during the course of her career, including a number of matters involving weapons and drugs, such as Drug Trafficking, Possession of Heroin, Armed Burglary, Possession of Xanax, and Certain Persons Offenses. Our managing partner, Travis J. Tormey, has an extensive track record of successfully defending clients against a variety of drug-related charges in Municipal Court, Superior Court, and Federal Court.
If you or a loved one has been charged with a cocaine related indictable offense, contact the Tormey Law Firm at 866-949-6948, or you can use the online contact form to schedule a free appointment. A member of our criminal defense team will be happy to answer any questions you have and provide you with an honest assessment of your case.
Cocaine Possession Charges in New Jersey: N.J.S.A. 2C:35-10(a)(1)
Possession of cocaine is a criminal offense in New Jersey governed by N.J.S.A. 2C:35-10(a)(1), which provides:
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;
Cocaine Possession Penalties in New Jersey
Under New Jersey law, Cocaine offenses are always serious because they are classified as indictable felonies. Cocaine possession in New Jersey is a third degree criminal offense. The greater the quantity of cocaine seized, the higher the degree grading for the indictable offense. These charges must be handled at the Superior Court in the county in which the alleged offense occurred. If convicted, you will have an indictable (felony) criminal record and you are facing three (3) to five (5) years in New Jersey State Prison.
Morris County NJ Distribution of Cocaine – N.J.S.A. 2C:35-5
Distribution of cocaine offenses in New Jersey are governed by N.J.S.A. 2C:35-5. The charge is graded based on the amount of the drug (in this case cocaine) associated with the alleged offense:
- First degree distribution – Possession of five (5) ounces or more of cocaine with intent to distribute. This is punishable by 10 to 20 years in New Jersey State Prison, and there is a presumption of incarceration for first time offenders.
- Second degree distribution – Possession of more than one-half ounce but less than five (5) ounces of cocaine with intent to distribute. This is punishable by five (5) to ten (10) years in New Jersey State Prison, and there is a presumption of incarceration for first time offenders.
- Third degree distribution – Possession of less than one-half ounce of cocaine with intent to distribute. This is punishable by three (3) to five (5) years in New Jersey State Prison, and there is a presumption of non-incarceration if the defendant has no prior criminal history. NOTE: This means that you could receive a probationary sentence if you are convicted of third degree possession of cocaine with intent to distribute as long as you have no prior criminal record.
Contact a Parsippany NJ Cocaine Charges Lawyer for a Free Consultation
There are defenses available. If you have no prior criminal record, there is a presumption of non-incarceration. As such, if this is your first offense, you may be considered a good candidate for probation. Moreover, you are eligible for the Pre-Trial Intevention (PTI) program, which can allow you to avoid a criminal record if you successfully complete the diversionary program.
If you or a loved one has been charged with a cocaine-related indictable offense, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form. A member of our criminal defense team will be happy to answer any questions you have and provide you with an honest assessment of your case.