NJ Drug Trafficking Penalties and Sentencing

Drug trafficking charges in New Jersey can lead to some of the harshest penalties in the country. With mandatory minimum sentences starting at 5 years for some offenses, and going all the way up to life in prison for others, it's important to understand the specific laws and potential consequences if you're facing drug distribution charges. In this article, we'll break down the key aspects of New Jersey's drug trafficking laws, including:

• What constitutes drug trafficking vs simple possession
• Mandatory minimum sentences
• Aggravating factors that can increase penalties
• Defenses that may apply

Having an experienced New Jersey drug crimes attorney can make all the difference in fighting the charges or negotiating a better plea deal. So let's get into the specifics...

What is Drug Trafficking in New Jersey?

Many people assume that any drug charge more serious than simple possession automatically means "drug trafficking." But in New Jersey, there is a specific legal definition of what qualifies as drug distribution vs simple possession. According to New Jersey criminal statute 2C:35-5, a person is guilty of drug trafficking if they:

• Manufacture a controlled dangerous substance
• Distribute or dispense a controlled dangerous substance
• Possess a controlled dangerous substance with intent to manufacture, distribute, or dispense

It's important to note that the amount of drugs involved does not necessarily determine whether someone is charged with possession vs trafficking. Even a small amount of drugs could lead to distribution charges if there is evidence that the person intended to sell or share the drugs with others. Some examples of evidence prosecutors may use to prove intent to distribute include:

• Having a large amount of cash on hand
• Packaging materials like plastic baggies
• A scale or other drug paraphernalia
• Text messages or recorded conversations about selling drugs
• Prior arrests or convictions for distribution charges

Mandatory Minimum Sentences in NJ

One of the harshest aspects of New Jersey's drug laws is the mandatory minimum sentences that come with drug trafficking convictions. These are strict sentences that must be imposed regardless of any mitigating factors in the case. The length of mandatory minimums depends on two main factors:

1. The type and quantity of drug involved
2. Whether there are additional aggravating factors present

Here are the baseline mandatory minimums required under New Jersey law for various drug trafficking offenses:

• Marijuana - 1 ounce or more: 3 years
• Heroin, cocaine, methamphetamine - 5 ounces or more: 5 years
• Phencyclidine (PCP) - 1 ounce or more: 5 years
• LSD - 100 doses or more: 5 years
• Ecstasy - 500 pills or more: 5 years

You'll notice that the mandatory minimums focus on the total weight of drugs involved, except for LSD and ecstasy where the number of doses comes into play. Prosecutors don't need to prove intent to distribute for the mandatory sentences to apply. The weight or quantity alone is enough to trigger the enhanced penalties.

Aggravating Factors & Increased Penalties

As harsh as New Jersey's baseline mandatory minimums may seem, the sentences get even tougher if certain aggravating factors are present. Some key examples include:

• School zones - An additional mandatory minimum of 1 year if drugs were distributed within 1,000 feet of a school
• Public housing - An additional mandatory minimum of 2 years if drugs were distributed within 500 feet of public housing, like Section 8
• Guns - An additional mandatory minimum of 5 years if a firearm was possessed during commission of the offense
• Leadership role - An additional mandatory minimum of 5 years if the defendant acted as an organizer, supervisor, financier, or manager in a drug trafficking network

In addition, for first degree drug trafficking crimes involving 5 ounces or more of cocaine or heroin, judges have discretion to impose a life sentence with a mandatory minimum of 25 years before parole eligibility. With all these enhanced penalties, you can see how a drug trafficking conviction can quickly turn into a virtual life sentence in New Jersey. Even a low-level offender with a minor role could end up facing decades behind bars depending on the circumstances.

Defenses Against Drug Distribution Charges

Fighting drug trafficking charges in New Jersey is an uphill battle, but experienced criminal defense attorneys may be able to challenge the charges using some of the following strategies:

• No intent to distribute - Argue that the amount was consistent with personal use rather than sale
• Entrapment - Claim that police improperly induced you to commit a crime you otherwise wouldn't have
• Illegal search - Seek to suppress evidence from an unconstitutional search or seizure
• Misidentification - Argue that you were mistakenly identified and didn't commit the crime

An attorney may also seek to negotiate a better plea bargain by leveraging evidentiary weaknesses or sentencing factors to try to avoid mandatory minimums and reduce overall penalties. This is where an aggressive and experienced drug crimes lawyer can make a big difference compared to a public defender.

Finding the Right Drug Trafficking Lawyer in NJ

As you can see, New Jersey has some of the toughest drug trafficking laws in the U.S. Mandatory minimum sentences even for first-time offenders can quickly stack up to decades behind bars. Having an experienced criminal defense attorney is critical when facing charges like these. The stakes are extremely high, and drug trafficking convictions can haunt you for the rest of your life. When researching attorneys, look for someone with extensive experience specifically dealing with drug crimes in New Jersey. They should be familiar with the local prosecutors and judges, and have a proven track record of getting charges reduced or dismissed for clients facing trafficking accusations. Don't leave your fate in the hands of an overworked public defender. Hire a top drug crimes lawyer to aggressively defend your rights, freedom and future. With so much on the line, it's important to start building your defense immediately. Call today for a free consultation on your drug trafficking charges in NJ.

References

Justia. (2013). New Jersey Statutes 2C:35-5. Manufacturing, Distributing or Dispensing Lustberg Law. (2023). Drug Trafficking Laws in New Jersey. Retrieved from Lustberg Law Offices. NJ Criminal Defense. (n.d.). Drug Trafficking in New Jersey. Retrieved from NJ Criminal Defense - Lento Law Firm. U.S. Drug Enforcement Administration. (2021). Federal Trafficking Penalties. Retrieved from DEA.gov.