When is Possession of a Schedule II Controlled Substance Considered a Felony in New Jersey?

Oct 9, 2017
Drug Crimes

Welcome to The Skiendziul Law Firm, your trusted source for legal services in New Jersey. In this article, we will provide you with comprehensive information about the possession of Schedule II controlled substances and the associated felony charges in the state of New Jersey. Our goal is to help you understand the legal implications and potential penalties involved, as well as to offer expert legal representation if needed.

Understanding Controlled Substances

Controlled substances are drugs that are regulated by the government due to their potential for abuse and addiction. They are classified into different schedules based on their accepted medical uses and their potential for abuse. Schedule II substances, including drugs like cocaine, methamphetamine, and oxycodone, are considered to have a high potential for abuse and may lead to severe physical or psychological dependence.

Possession of Schedule II Controlled Substances in New Jersey

In New Jersey, the possession of a Schedule II controlled substance without a valid prescription is a serious offense. It is categorized as a felony and carries significant legal consequences. The specific penalties can vary depending on the circumstances of the case, including the type and quantity of the controlled substance involved, as well as the intent of the individual in possession.

Possession for Personal Use

If an individual is found to be in possession of a Schedule II controlled substance for personal use, they may be charged with a third-degree crime in New Jersey. Third-degree crimes can result in a sentence of three to five years in prison and fines of up to $200,000.

Possession with Intent to Distribute

Alternatively, if the evidence suggests that the possession was not solely for personal use, but instead with the intent to distribute the controlled substance, the individual may face more severe penalties. The charges can escalate to second-degree crimes, which carry a potential prison sentence of five to ten years and fines of up to $300,000.

Potential Defenses and Legal Representation

If you are facing charges related to the possession of a Schedule II controlled substance in New Jersey, it is crucial to seek legal representation immediately. A skilled criminal defense attorney can thoroughly review the details of your case and identify potential defenses to protect your rights.

Possible defenses could include challenging the legality of the search and seizure, questioning the chain of custody of the evidence, exploring potential violations of your constitutional rights, or negotiating a plea agreement to reduce the charges or penalties. The Skiendziul Law Firm has a wealth of experience in handling drug-related cases and will vigorously defend your rights and best interests.

Contact The Skiendziul Law Firm for Expert Legal Assistance

If you or a loved one is facing charges for the possession of a Schedule II controlled substance in New Jersey, do not hesitate to reach out to The Skiendziul Law Firm. Our dedicated team understands the complexities of drug-related cases and is committed to providing you with exceptional legal representation.

With our extensive knowledge of New Jersey's drug laws and our experience in the courtroom, we will fight tirelessly to protect your rights, challenge the prosecution's evidence, and seek the best possible outcome in your case.

Don't face these serious charges alone. Contact The Skiendziul Law Firm today to schedule a confidential consultation and take the first step towards building a strong defense.