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Across New Jersey, overdose deaths numbered around 2,800 in 2023. In 2024, there were over 1,800 suspected drug-related deaths in New Jersey. While overdose-related deaths have dropped over the past two years, tolerance for heroin distribution, trafficking, and sales in New Jersey’s justice system remains nonexistent. There is immense pressure on New Jersey prosecutors to push hard for stiff penalties.
If you’ve been charged with heroin distribution in New Jersey, getting experienced legal defense is crucial. Even a small amount can trigger a third-degree felony, carrying years behind bars and hefty fines. The stakes get higher fast as quantities go up, or if the location is sensitive, like near a school or a park. You need a seasoned professional with a keen awareness of how heroin distribution charges work and who can fight for your best interests.
Lustberg Law Offices, LLC is here to stand with you. Led by top-rated New Jersey heroin distribution attorney Adam M. Lustberg, our team has advocated for and defended the rights of folks accused of heroin distribution. We provide aggressive legal defense in Paramus, Fort Lee, Elmwood Park, Newark, or anywhere else in New Jersey.
Contact us today at (201) 880-5311 to schedule a free consultation with a skilled New Jersey criminal defense attorney.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
New Jersey has taken a hard stance on heroin distribution. With the rise in heroin overdoses and related crimes, the state continues to crack down on traffickers. Under N.J.S.A. 2C:35-5, manufacturing, distributing, or possessing heroin with intent to distribute is a serious indictable offense.
The degree of the offense depends on the weight of heroin involved. Importantly, New Jersey law counts not only the pure drug but also any adulterants or cutting agents toward the total weight.
Distribution offenses carry heavier penalties if they occur in sensitive areas:
Under N.J.S.A. 2C:35-3, individuals identified as leaders of heroin trafficking networks face the harshest sanctions:
A heroin distribution charge carries serious consequences, but there are ways to protect your rights and fight back. If you’ve been accused of distributing heroin, taking steps to build your defense is critical. At Lustberg Law Offices, we understand the seriousness of these charges and are here to help.
Call us today at (201) 880-5311 to schedule a consultation and take the first step toward protecting your future.
In New Jersey, heroin is classified as a Schedule I Controlled Dangerous Substance (CDS), meaning it’s considered highly addictive with no accepted medical use. However, heroin-related charges don’t stop at heroin itself. The law treats several similar drugs and substances just as seriously, and you could face the same penalties for possessing, distributing, or trafficking them.
Drugs that get the same legal treatment as heroin include opioids, synthetic opioids, and other substances that have comparable effects or risks. Common examples include:
New Jersey law doesn’t differentiate much between heroin and similar drugs when it comes to possession or distribution. The charges and penalties are often based on the amount of the drugs by weight and whether there is intent to distribute the drugs.
If you’ve been charged with possession or distribution of a heroin-related drug in New Jersey, you’re up against serious consequences. At Lustberg Law Offices, LLC, we know how to challenge these charges and build a defense tailored to your case.
Call (201) 880-5311 today for a consultation, and let’s work together to fight for your future.
| Substance | NJ Schedule | Notes |
|---|---|---|
| Fentanyl | Schedule II | Potent synthetic opioid; 30–50× stronger than heroin |
| Carfentanil | Schedule I analog (treated severely) | Ultra-potent fentanyl analogue; up to 4,000× stronger than heroin |
| Prescription opioids (oxycodone, hydrocodone, morphine) | Schedule II | Legal with prescription; illegal possession or distribution treated like heroin |
| Opium | Schedule I | Natural opiate; included under NJ law as a Schedule I substance |
Adam M. Lustberg, a Certified Criminal Trial Attorney in New Jersey, has nearly two decades of experience representing clients charged with serious drug offenses, including heroin distribution. As the founder of Lustberg Law Offices, LLC, he is known for his strategic legal advocacy and unwavering commitment to protecting his clients’ rights. A graduate of Seton Hall University School of Law, Mr. Lustberg has earned recognition from Super Lawyers as a Rising Star for six consecutive years and has been named among The National Trial Lawyers Top 100. His deep understanding of New Jersey’s drug laws and his ability to build strong defenses make him a reliable choice for those facing significant legal challenges.
Mr. Lustberg is dedicated to achieving favorable outcomes for clients charged with heroin possession and distribution, a serious offense under New Jersey law. He meticulously examines every element of the case, from the circumstances of the arrest to the evidence presented, working tirelessly to identify weaknesses in the prosecution’s arguments. Recognized for his courtroom skill and client-centered approach, Mr. Lustberg provides clear communication and aggressive representation at every stage of the legal process.
If you’ve been charged with a heroin-related offense in New Jersey, it’s important to understand the difference between possession and distribution charges. While both are serious, distribution charges carry much harsher penalties because they involve the intent to sell or transfer heroin to someone else.
Possession is exactly what it sounds like; you were caught with heroin in your control, and the state believes it was for personal use. This could mean the substance was found:
Possession charges focus solely on the fact that you had heroin, not that you were planning to sell or distribute it. However, penalties for heroin possession in New Jersey are still severe. Depending on the specific circumstances, you could face:
While possession is usually treated as a “lower-level” drug offense, the consequences are still life-altering, especially with a felony conviction on your record.
Heroin distribution charges take things a step further. These charges apply when law enforcement believes you were planning to sell, transfer, or distribute heroin to someone else. You don’t have to be caught in the act of selling to face a distribution charge. Prosecutors often use circumstantial evidence to build their case, such as:
The distinction between possession and distribution can make a huge difference in the penalties you face. A possession charge is serious, but a distribution conviction comes with more jail time, steeper fines, and mandatory minimum sentences for higher-level offenses. If you’re charged with distribution, it’s critical to address the allegations and fight any evidence that suggests intent to sell.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
While both state and federal laws can result in serious consequences when it comes to heroin-related charges, there are key differences in jurisdiction, sentencing, and how cases are handled.
When it comes to heroin distribution, whether your case stays at the state level or moves to federal court depends on the circumstances. New Jersey typically handles cases involving possession or distribution within the state. However, if your case involves transporting heroin across state lines, using interstate highways, or large-scale trafficking, it can fall under federal jurisdiction.
Federal authorities like the DEA often step in when they believe the case involves a larger network or when the crime crosses state borders. If federal agents were involved in your arrest or investigation, there’s a good chance your case might be prosecuted at the federal level.
Sentences for heroin distribution in New Jersey are tough, but federal penalties can be even harsher.
Federal sentencing guidelines focus heavily on the type of drug, the weight, and whether the defendant has a criminal history. For example, distributing at least 100 grams or more of heroin can result in a mandatory minimum sentence of 5 years in federal prison and a fine of not more than $5 million for an individual, even for a first offense. For larger amounts, you could face 10 years or more with fines that can reach up to $50 million. Federal sentencing also tends to be less flexible, with fewer options for probation or parole.
If your case involves heroin being transported across state lines, you’re at risk of being charged with interstate trafficking. This is a federal offense, and it comes with severe penalties. Even if you’re just accused of planning to move heroin between states, federal prosecutors can pursue charges under conspiracy laws.
Federal prosecutors often have more resources to build their case and may pursue higher charges to secure longer sentences. If your case involves large amounts of heroin, multiple defendants, or ties to a distribution network, it’s more likely to be prosecuted federally.
Facing heroin distribution charges is overwhelming enough, but when your case involves both state and federal systems, things can get even more complicated. A lawyer who understands how these systems work can help you:
A strong legal defense is critical, especially if you’re dealing with the possibility of federal prosecution. With the right strategy, it may be possible to avoid federal charges altogether or secure a more favorable outcome.
Facing heroin distribution charges in New Jersey isn’t something you should handle on your own, especially if federal prosecutors are involved. At Lustberg Law Offices, LLC, we know how to handle cases at both the state and federal levels. We can work with you to protect your rights, fight for reduced charges, and explore every option to keep your future on track.
Call us today at (201) 880-5311 for a consultation. Let’s start building your defense together.
A conviction for heroin distribution in New Jersey reaches far beyond the prison sentence or fines. It’s a life-changing event that can affect your freedom, finances, and future opportunities for years to come.
One of the most immediate impacts is the criminal record itself. A felony conviction can follow you into job applications, housing searches, and even professional licensing. Employers, landlords, and others who run background checks will see the offense, and that alone can limit opportunities that could have otherwise been available.
The consequences don’t stop there. If the police executed a search warrant during your arrest, they may have seized your home, vehicle, cash, or other belongings. After a conviction, you could lose those items permanently through a process known as asset forfeiture. This is a common outcome in drug distribution cases and can leave you without valuable property you’ve worked hard to acquire.
There’s also the personal toll to consider. Relationships with family, friends, and your community can be strained or broken. For many, the stigma of the conviction lingers long after the legal sentence has been served.
When so much is on the line, the steps you take now can have a lasting impact on your life moving forward.
Facing a heroin distribution charge can affect every part of your life; your freedom, your reputation, and your opportunities moving forward. In New Jersey, these cases are pursued aggressively, and the penalties are severe. You need a defense that is focused, informed, and prepared to challenge the case against you from the very start.
At Lustberg Law Offices, LLC, Attorney Adam M. Lustberg works to protect the legal rights and best interests of individuals accused of heroin distribution. He approaches each case with careful attention to the facts, the law, and the strategy that offers the best chance at a favorable result.
This is not the time to wait or hope things will work themselves out. Every step you take now matters.
Contact Lustberg Law Offices, LLC at (201) 880-5311 to arrange a confidential consultation and take the first step toward protecting your future.
