New jersey criminal charge
Criminalization, degree of crime in New jersey
Criminalization, degree of crime is a criminal offense under New jersey law, defined by N.J.S.A. 2C:35-5.3a. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:35-5.3a.
What is the penalty for criminalization, degree of crime in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Manufacture/distribute/dispense/possess with intent — quantity one ounce or more — Applies when the quantity of the specified substance involved in the violation is one ounce or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Manufacture/distribute/dispense/possess with intent — quantity one ounce or more — Applies when the quantity of the specified substance involved in the violation is one ounce or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Manufacture/distribute/dispense/possess with intent — quantity less than one ounce — Applies when the quantity of the specified substance involved in the violation is less than one ounce.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Manufacture/distribute/dispense/possess with intent — quantity less than one ounce — Applies when the quantity of the specified substance involved in the violation is less than one ounce.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is criminalization, degree of crime classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture/distribute/dispense/possess with intent — quantity one ounce or more | crime of the second degree | Applies when the quantity of the specified substance involved in the violation is one ounce or more. | N.J.S.A. 2C:35-5.3aundefined |
| Manufacture/distribute/dispense/possess with intent — quantity less than one ounce | crime of the third degree | Applies when the quantity of the specified substance involved in the violation is less than one ounce. | N.J.S.A. 2C:35-5.3aundefined |
Common questions about criminalization, degree of crime in New jersey
What degree of offense is criminalization, degree of crime in New Jersey?
It depends on the circumstances: criminalization, degree of crime ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:35-5.3a.
Manufacture/distribute/dispense/possess with intent — quantity one ounce or more: crime of the second degree (N.J.S.A. 2C:35-5.3aundefined) · Manufacture/distribute/dispense/possess with intent — quantity less than one ounce: crime of the third degree (N.J.S.A. 2C:35-5.3aundefined)
What are the penalties for criminalization, degree of crime in New Jersey?
Penalties for criminalization, degree of crime in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers criminalization, degree of crime?
Criminalization, degree of crime is governed by N.J.S.A. 2C:35-5.3a (Criminalization, degree of crime).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.