Understanding when a drug offense escalates to a felony is crucial in navigating New Jersey’s legal system. New Jersey drug crimes lawyer Adam M. Lustberg (https://www.lustberglaw.com/blog/drug-offense-felony-new-jersey/) of Lustberg Law Offices, LLC, sheds light on how the grading of drug offenses in the state can significantly impact an individual’s future. Unlike many other jurisdictions, New Jersey does not label crimes as felonies or misdemeanors but instead uses the terms “disorderly persons offenses” and “indictable crimes.” The latter is the state’s equivalent of a felony and carries serious legal consequences.
Adam M. Lustberg, an experienced New Jersey drug crimes lawyer, highlights the distinctions between these categories. A disorderly persons offense may lead to up to six months in jail and a maximum $1,000 fine. However, if the offense meets certain conditions, such as involving larger quantities of drugs, more dangerous substances like heroin or cocaine, or evidence of intent to distribute, it can be charged as an indictable crime. These crimes carry a minimum sentence of more than six months and can extend to decades behind bars, depending on the specifics of the case.
For individuals facing serious charges, understanding these classifications is vital. According to New Jersey drug crimes lawyer Adam M. Lustberg, several factors determine whether a charge is upgraded to an indictable offense. These include the weight and type of drug involved, and whether there is intent to distribute. Lustberg states, “A case can jump to the indictable level based on things like the type of drug, how much is involved, and other aggravating details.” This underscores the importance of knowing how even minor drug-related incidents can carry life-changing legal implications when specific aggravating factors are present.
Adam M. Lustberg has built a reputation across New Jersey courts defending clients charged with drug offenses ranging from marijuana possession to major trafficking cases. His legal practice, Lustberg Law Offices, LLC, regularly handles indictable drug charges that involve substances such as cocaine, heroin, methamphetamine, and prescription medications. According to state law, for example, possessing more than six ounces of marijuana is a fourth-degree indictable offense, which is punishable by up to 18 months in prison and fines up to $25,000.
Drug possession involving smaller amounts may seem less significant, but it can still lead to harsh penalties. Possessing five or more doses of a prescription drug without a valid prescription is also treated as a fourth-degree crime. Adam M. Lustberg emphasizes that even first-time offenders can face serious repercussions if their case involves intent to distribute. A fourth-degree charge could escalate to a first-degree charge depending on the quantity of the substance, leading to penalties of up to 20 years in prison and fines as high as $500,000.
Legal options are available for those who qualify, especially first-time offenders. Adam M. Lustberg discusses various alternatives to incarceration, such as Pre-Trial Intervention (PTI) and Recovery Court. PTI provides an opportunity for first-time offenders to avoid jail time by completing a supervised program. Recovery Court focuses on long-term treatment and rehabilitation, which may ultimately lead to record expungement. These options, however, are not automatically granted and require careful legal evaluation to determine eligibility.
Dismissal of charges is also a possibility if legal procedures were violated during the arrest. Adam M. Lustberg has handled cases where improper search and seizure methods were grounds for dismissing drug charges. Legal defenses may include challenging the validity of a search warrant or questioning the accuracy of laboratory results. Each case depends on its specific circumstances, and careful review of the evidence is essential to crafting a strong defense.
In addition to formal programs, other legal strategies may include plea bargaining to reduce charges or participating in a Conditional Discharge program. These options depend on the severity of the offense and the defendant’s criminal history. Prosecutors and judges often take a defendant’s willingness to undergo treatment into account, which can influence sentencing outcomes favorably.
Drug offenses in New Jersey carry serious consequences, and being informed about when such charges rise to the level of a felony is critical. Adam M. Lustberg and the legal team at Lustberg Law Offices, LLC offer informed representation for individuals confronting these challenges. Their approach considers both the legal facts and the personal impact on each client’s life, aiming for the best possible outcome in each case.
Those facing a felony drug charge in New Jersey can benefit from immediate legal counsel. Adam M. Lustberg provides strategic guidance through every stage of the criminal justice process, from arraignment to resolution. Understanding whether a charge qualifies as an indictable crime can influence everything from pretrial options to sentencing and future opportunities.
Adam M. Lustberg offers clear direction to individuals dealing with drug-related legal matters. Lustberg Law Offices, LLC remains committed to defending clients in Hackensack, Paramus, Fort Lee, Fair Lawn, Lodi, Garfield, and across Bergen County, New Jersey.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based criminal defense law firm led by attorney Adam M. Lustberg. The firm represents individuals facing drug charges and other criminal offenses across the state. Adam M. Lustberg brings over 14 years of courtroom experience and a strong record of advocating for his clients' legal rights.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
