Drug manufacturing is a serious crime that typically involves the production or preparation of controlled substances. Unfortunately, in many drug manufacturing cases, defendants are wrongfully charged. There are several types of errors that can lead to improper accusations such as mistaken identities, illegal searches, and careless evidence handling.
If you have been accused of drug manufacturing in Atlantic City, then our legal team will help build your defense. We will ensure that you understand the charges being filed against you. Furthermore, we will fight to protect your rights and interests during each step of the judicial process.
Get support from our experienced drug manufacturing defense attorneys at the Law Offices of John J. Zarych by dialing (609) 616-4956.
Understanding the Crime of Drug Manufacturing in Atlantic City, NJ
The act of manufacturing is defined under N.J.S.A. § 2C:35-2. Simply put, it refers to the making, preparing, or extracting of a controlled substance or controlled substance analog. There are a lot of verbs in this statute, and some are criminalized under other subsections. Our experienced drug defense manufacturing lawyers can parse out whether this is the proper subsection to charge you under or whether what you did violated any actual criminal statute.
If you are charged with drug manufacturing, you will be charged under one of multiple other statutes. Thus, there are several factors that the court may consider when determining your potential penalties, including which specific code section or subsection you are charged under.
Determining the Degree of Crime Associated with Your Drug Manufacturing Case in Atlantic City, NJ
In New Jersey, you may be charged with first, second, third, or fourth degree crimes. First degree crimes are the most serious and will be associated with the most severe penalties. Meanwhile, the penalties for fourth degree crimes are the least severe category of indictable crime.
The degree of crime associated with your alleged drug manufacturing may be determined by the type of substance at issue and the amount you are in possession of when you are caught. The penalties associated with specific substances have been outlined under N.J.S.A. § 2C:35-5(b). The following are just some examples of how the type of drug at issue can affect your case:
Heroin, Cocaine, or Methamphetamine
Under § 2C:35-5(1), if you are caught in possession of five or more ounces of heroin, cocaine, or methamphetamine, then your drug manufacturing charge may carry first degree criminal penalties. If the amount falls between a half ounce and five ounces, then you may be convicted of a second degree crime. Finally, if you are caught with less than half an ounce, then your will be charged with a third degree crime.
Lysergic Acid Diethylamide (LSD)
According to § 2C:35-5(6), in regard to LSD, if you are caught manufacturing 100 milligrams or more then you may be charged with a first degree crime. If you possess less than 100 milligrams, then you should be charged with a second degree crime.
Further, you may be charged with a first degree crime if you are in possession of “dilutants” or “adulterants” weighing 10 grams or more. Dilutants and adulterants refer to substances that are mixed with LSD to increase its quantity or alter its affects. Possessing less than 10 grams of these substances will warrant assessment of a second degree crime.
Marijuana Cultivation
Section 2C:35-5(10) deals with marijuana cultivation. Although New Jersey law allows the medical use of marijuana by eligible patients, personal cultivation is not allowed and is therefore not a defense against cultivation charges.
Subsection (a) states that if you are caught growing 50 or more plants, then your conduct may be considered a first degree crime. Moreover, subsection (b) dictates that growing between 10 and 49 plants results in a second degree crime. Lastly, if you have up to 10 plants, it is considered a third degree crime.
Potential Prison Sentences for Drug Manufacturing in Atlantic City, NJ
As previously discussed, indictable crimes in New Jersey are classified using four different degrees of severity. Each of these degrees will be associated with potential prison sentences that vary in length.
For instance, fourth degree crimes may be punished with prison terms of up to 18 months, while third degree crimes carry prison sentences ranging from 3 to 5 years. Second degree crimes are punished with prison terms ranging between 5 and 10 years. Finally, first degree crimes carry the most severe penalties, with prison terms ranging from 10 to 20 years.
Jail time for all first degree criminal offenses is the same. However, the fines vary based on what specific drugs were involved in your case, with higher penalties issuing for drugs deemed more dangerous, even potentially leading to variation within the same Schedule.
Possible Defenses to Drug Manufacturing Charges in Atlantic City, NJ
Thankfully, there are multiple potential defenses that our attorneys may utilize in your drug manufacturing case.
An example of one defense is argue that you were unaware of the drug manufacturing activities at issue and did not intend to participate in them. For example, this defense may be effective if you were at a house party that got busted but did not realize that drugs were being produced in the garage.
Another potential defense involves challenging the legality of the search and seizure conducted by law enforcement. If the police uncovered your alleged drug manufacturing activities through an improper search, then you may be able to avoid criminal penalties by having enough evidence thrown out that they cannot prove the case against you.
Finally, you could also prove an alibi to avoid penalties for drug manufacturing. This defense would involve establishing that you were not actually present at the location where the alleged drug manufacturing took place at the time it occurred.
Contact Our Law Firm for Assistance with Your Drug Manufacturing Case in Atlantic City, NJ
Get support from our drug manufacturing lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
