Heroin Charges, Penalties, and Defense in New Jersey

Bergen County Lawyers Defending Clients Charged with Possession, Distribution, and Intent to Distribute Heroin

Arrested Charged with Possession Heroin NJ Help best defense

Heroin Charges NJ

A heroin charge is one of the most serious drug crimes in the State of New Jersey. The reality is that drug abuse is no longer just an “inner city” concern. Heroin addiction has become a real problem in suburbs throughout New Jersey. People in these more affluent areas are using heroin as a cheaper alternative to prescription pills and other drugs. Prosecutors have responded to the spread of heroin in New Jersey by seeking maximum penalties in heroin possession and heroin distribution cases. If you are caught in possession of even a small amount of heroin, you could be looking at significant prison time, as well as a drug crime conviction on your permanent record. If you find yourself arrested and facing heroin charges in New Jersey, it is imperative that you contact an experienced criminal defense lawyer immediately.

The Tormey Law Firm knows how to beat your heroin charges. Our experienced NJ criminal defense attorneys have successfully represented countless clients charged with drug crimes in Bergen County, Morris County, Essex County, Passaic County, Hudson County, and throughout New Jersey. Travis J. Tormey, the firm’s founding partner, knows what it takes to beat your drug charges because he used to work at the United States Attorney’s Office in a variety of capacities. Mr. Tormey also honed his craft while working for two of the largest law firms in New Jersey. Now, he brings his years of experience to your case. Additionally, the firm’s litigation team includes a former county and municipal prosecutor, which gives us a major advantage when we fight your heroin charges. For additional information about how we can help you through aggressive defense representation, contact us today at (201)-556-1570. We are available immediately to provide you with a free consultation.

What are the Penalties for Heroin Possession in New Jersey?

Heroin possession in New Jersey is addressed in section N.J.S.A. 2C:35-10 of the NJ Criminal Code. Generally speaking, it is against the law for a person to knowingly obtain or possess any amount of heroin. This means that you will be subject to severe criminal penalties even if the police find you in possession of trace amount of heroin.

The penalties for heroin possession are severe because the drug is classified as a Schedule I controlled dangerous substance (CDS). Schedule I drugs have been deemed the most dangerous, with a high potential for abuse and no accepted medical uses in the United States. In recognition of the dangers posed by heroin use, NJ lawmakers classified heroin possession as a third degree felony. If you are convicted of possessing heroin, you could be incarcerated for a period of 3 to 5 years in New Jersey State Prison and fined as much as $35,000.

The good news is that an attorney might be able to help you avoid the most serious penalties for heroin possession. In many cases, first-time offenders are able to avoid prison entirely because there is a presumption of non-incarceration for third degree heroin possession charges. Depending upon the circumstances of your case, an attorney might be able persuade the prosecutor to allow you to serve a period of probation instead of going to prison.

NJ Heroin Distribution Charge Punishments

The penalties for heroin distribution and intent to distribute heroin are set forth by N.J.S.A. 2C:35-5. The penalties vary, depending upon the weight of the drug. If you are caught with even a trace amount of heroin, you could be charged with third degree intent to distribute and face up to 5 years in New Jersey State Prison, as well as a $75,000 fine. This is the best-case scenario if you are convicted of heroin distribution. The worst-case scenario is that you are convicted of first degree heroin distribution for distributing, or intending to distribute, 5 ounces or more of the drug. The penalty for first degree heroin distribution is 10 to 20 years in New Jersey State Prison.

New Jersey law enforcement and prosecutors are really cracking down on heroin distribution throughout the state. This has led to many minor offenders being charged with felony-level distribution charges simply for possessing a small amount of heroin. Even if you did not complete a sale of the drug, you can still be charged with intent to distribute and face enhanced penalties. Worse yet, repeat offenders are subject to enhanced sentencing and mandatory minimum prison sentences in accordance with the New Jersey Brimage Guidelines.

Arrested for Heroin in NJ? Fight Your Charges

If you have been charged with heroin possession or distribution, an experienced attorney may be able to raise strong defenses on your behalf. For example, a police officer typically must have either a warrant or probable cause to search your vehicle. Unless the officer in your case had probable cause to search your car and exigent circumstances required the officer to conduct the search immediately, any drugs found by the officer could be declared inadmissible in court. The first step to finding out your best defense is consulting with a lawyer who knows how to build a sold defense strategy. The criminal defense lawyers at The Tormey Law Firm can help you fight your heroin charges and keep you out of prison. Call us anytime at 201-556-1570, or fill out the online contact form to schedule a free, confidential consultation at our local NJ offices.


  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges


  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

  • This field is for validation purposes and should be left unchanged.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map