Unbeknownst to many New Jersey citizens, possession of prescription drugs in our state is a growing problem, which has resulted in law enforcement toughening its stance against drugs. Although the majority of people who are prescribed medication in New Jersey use their prescriptions for medical treatment, there are those who use this opportunity to distribute prescription drugs to others, which is a crime in New Jersey. By simply giving another person your medication, or by being found in possession of prescription drugs not in your name, you could face legal consequences for drug possession. Long Beach Island is comprised of multiple municipalities, and at Villani & Deluca our attorneys can offer legal representation to those charged with drug offenses in any of these areas. With over 20 years of criminal defense experience in Ocean County, our lawyers can help you protect yourself from the penalties that come with a prescription drug conviction.
What to Expect for Prescription Drug Offenses in Long Beach Island
Before explaining the penalties that come with prescription drug crimes, it is important to understand the different ways in which a person can be charged with this crime. N.J.S.A. 2C:35-10.5 is the statute that covers prescription drug offenses in New Jersey, and according to the statute there are several ways you could face liability: from the level of a disorderly persons offense, up to a second degree crime indictable offense.
Possession of Prescription Drugs– Any person who possess a prescription drug in an amount of four or fewer dosage units unless lawfully prescribed or administered by an authorized person will be charged with a disorderly persons offense. A person found in possession of prescription drugs in an amount of five or more dosage units, unless lawfully prescribed or administered by a licensed physician or other practitioner authorized by law to prescribe medication, will be charged with a fourth degree crime.
Distribution of Prescription Drugs- Any person who distributes a prescription drug in an amount of four or fewer dosage units will be charged with a disorderly persons offense. If the person distributes prescription drugs in the amount of four or fewer dosage units for monetary gain, then the person will be charged with a fourth degree crime. When the amount of prescription drugs being sold or distributed is more than 5 and up to 100 dosage units, then the person can now be charged with a third degree crime. Finally, if the person is distributing more than 100 dosage units, they will be charged with a second degree crime.
Prescription Drug Forgery and Fraud– for any person who tries to illegally obtain prescription drugs N.J.S.A. 2C:35-13 states “It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge.” The penalties for violating this third degree crime include a fine up to $50,000.
Long Beach Island Lawyers for Prescription Drug Crimes
If charged with a prescription drug crime as an indictable offense during a visit to Long Beach Island, you should be aware that a conviction can lead to years in prison and expensive fines. For example you could be facing up to 10 years in prison and $300,000 in fines for a second degree crime, 5 years in prison and $200,000 in fines for a third degree crime, and 18 months in prison and up to $10,000 in fines for a fourth degree crime. With these severe punishments resulting from a conviction, it is crucial to speak to our criminal defense lawyers at Villani & Deluca. A conviction will not only affect you once sentenced, but even the lesser offenses will result in a criminal record that will affect your life for years to come.
Whether you have been charged with a prescription drug offense in Barnegat Light, Beach Haven, Harvey Cedars, Holgate, Surf City or Ship Bottom, our attorneys can help. We have represented countless clients facing criminal liability for drug offenses throughout Ocean County. The State will have to prove the elements of this crime a beyond a reasonable doubt in order to convict the person charged for violating prescription drug laws. As with any criminal case, there are defenses that can be raised by our team such as demonstrating that your prescription was valid at the time of the arrest.
Call us today at 732-782-9833 for a free initial consultation, where you will be able to speak to our lawyers about your prescription drug charge.