Drug offenses are among the most common kinds of criminal charges in the country. Possession of drugs and narcotics is usually a nonviolent offense but may carry severe penalties.
The unlawful possession of certain drugs and narcotics is a serious criminal offense. The exact criminal charges a defendant faces depend on the type of drugs involved and sometimes the quantity. Controlled substances, including narcotics, are classified into 5 different drug schedules based on severity. Possession of more serious drugs may lead to harsher charges and penalties. You can challenge your charges by undermining the evidence against you. If the police seized the drugs in question or other evidence illegally, that evidence can be suppressed. On the other hand, your possession might not be unlawful, as some narcotics may be prescribed. A lawyer can help you determine the charges you face and how to fight them in court.
If you are charged with a criminal offense related to the possession of controlled substances, our Egg Harbor Township drug and narcotics possession lawyers can assist you. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case evaluation.
Possible Criminal Charges for the Possession of Drugs and Narcotics in Egg Harbor Township
The crime of illegal possession of controlled substances like drugs and narcotics can be found under N.J.S.A. § 2C:35-10. The statute lists not one but many different ways in which a defendant may be charged for having illegal drugs in their possession. This often makes it confusing for defendants when they go to court, as they are unsure exactly how they are being charged. Our Egg Harbor Township drug and narcotics possession attorneys can assess your situation and determine the charges you face.
Controlled substances in New Jersey are classified into categories called Schedules. Drugs, narcotics, and other controlled substances are classified based on their severity, influenced by the potential for dependency and abuse. Whether a controlled substance has a legitimate medical use is also considered. There is a total of 5 different Schedules, with Schedule V being the least severe and Schedule I being the most.
Under the law, the possession of a controlled substance classified under drug Schedules I, II, III, or IV, unless specifically covered elsewhere, may be charged as a third-degree crime. If the drug or narcotics in question are classified under Schedule V, the charges may be for fourth-degree felonies.
Marijuana is a Schedule V controlled substance and is handled somewhat differently. Possession of more than 6 ounces of marijuana or 17 grams of hashish may be charged as a fourth-degree crime.
Penalties for Narcotics and Drug Possession in Egg Harbor Township
Just like there are various ways a defendant may be charged with drug and narcotic possession, there are numerous ways in which they can be penalized. Defendants charged with third-degree crimes for possessing drugs and narcotics under Schedules I through V face at least 3 years and up to 5 years in prison. These defendants may also be fined up to $35,000. Possession of a Schedule V drug or narcotic, charged as a fourth-degree crime, may be punished by up to 18 months in prison and a fine of up to $15,000.
Defendants charged with possessing more than 6 ounces of marijuana or 17 grams of hashish may also face up to 18 months in prison and a fine of up to $25,000. The laws around marijuana have changed a lot in recent years and are sometimes a bit confusing. Our Egg Harbor Township drug and narcotic possession lawyers can help clarify your charges.
Remember that numerous conditions might affect your penalties. For example, possession of drugs or narcotics near school zones might make your penalties more severe. If you are not sentenced to prison or jail time, you must complete at least 100 hours of community service.
Possession charges are also often linked to other more serious drug offenses. People with narcotics are often also charged with manufacturing and distributing controlled substances. These charges may be as high as first-degree crimes and punishable by many more years in prison.
How to Challenge Narcotic and Drug Possession Charges in Egg Harbor Township
Challenging the case against you requires an individualized approach based on the unique circumstances of your case. Drug cases often involve searches and seizures by law enforcement. Searches and seizures are extremely sensitive areas of law, as defendants’ rights must be balanced against the government’s interests.
If the police seized the drugs in your case without a warrant and with no valid exception to the warrant requirement, the seizure was illegal, and the drugs can be suppressed. Suppressed evidence is not permitted to be introduced in court, and a jury will never know it exists. If the drugs in your case are suppressed, the prosecutor’s case becomes severely weakened, and they may be more inclined to make a favorable plea deal or even drop some of your charges.
Perhaps your possession was not illegal. Many drugs and narcotics, even very dangerous ones, have legitimate medical purposes and can be prescribed by doctors to patients. If your drugs were issued under a valid prescription, our Egg Harbor Township drug and narcotic possession lawyers can argue for your charges to be dropped.
Criminal charges are not always correctly assessed the first time around. Prosecutors have a habit of charging the highest possible offenses and then working them down as the case progresses. Perhaps you have been charged with both possession and distribution when in reality you were not distributing any drugs or narcotics. We can argue that you have been overcharged and that no evidence exists to warrant charges for distribution.
Contact Our Egg Harbor Township Lawyers for Assistance
Criminal charges for the possession of controlled substances may carry dire penalties, and our Egg Harbor Township drug and narcotic possession lawyers are prepared to help you fight the case. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case assessment.
