Hackensack Drug Crimes Attorney Adam M. Lustberg Explains When Drug Charges Become Indictable Crimes in New Jersey

HACKENSACK, NJ - Individuals facing drug-related charges in New Jersey must understand how the state categorizes offenses and the factors that elevate charges from disorderly persons offenses to indictable crimes carrying state prison sentences. Hackensack drug crimes attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/drug-offense-felony-new-jersey/) explains the legal thresholds that determine charge severity and the defenses available to those accused of possession or distribution of controlled substances.

According to Hackensack drug crimes attorney Adam M. Lustberg, New Jersey does not use the terms felony and misdemeanor; instead, it classifies serious offenses as indictable crimes ranging from fourth-degree to first-degree based on the type of substance, the quantity possessed, and evidence of intent to distribute. Simple possession of Schedule I through IV controlled dangerous substances is generally charged as a third-degree crime carrying three to five years in state prison. "The difference between a disorderly persons offense and an indictable crime can mean the difference between months in county jail and years in state prison," explains Lustberg.

Hackensack drug crimes attorney Adam M. Lustberg notes that quantity plays a major role in determining the severity of charges for distribution offenses. Under New Jersey law, possessing five ounces or more of certain controlled substances triggers a first-degree charge carrying up to 20 years in prison, while possessing between half an ounce and five ounces results in a second-degree charge with five to ten years' imprisonment. Anything under half an ounce is charged as a third-degree crime.

Attorney Lustberg emphasizes that prosecutors rely on circumstantial evidence to prove intent to distribute even when smaller quantities are involved. Evidence such as packaging materials, scales, large amounts of cash, and the manner in which substances are divided into smaller portions can upgrade simple possession charges to distribution offenses. "Prosecutors look for signs such as packaging materials, scales, large amounts of cash, and the way drugs are divided into smaller portions," he adds. "Even small amounts combined with these indicators can lead to distribution charges."

The firm notes that New Jersey legalized recreational use for adults 21 and older in 2021, but possessing more than six ounces remains a fourth-degree indictable offense carrying up to 18 months in prison and fines up to $25,000. Distribution offenses follow a tiered structure, with enhanced penalties applying when distribution occurs within 1,000 feet of school property or within 500 feet of public housing.

Lustberg points out that not all drug charges rise to the level of indictable crimes. Possessing drug paraphernalia is charged as a disorderly persons offense, carrying up to six months in jail and fines up to $1,000. Under New Jersey's prescription legend drug statute, possessing four or fewer dosage units without a valid prescription is a disorderly persons offense, while possessing five or more units becomes a fourth-degree crime.

"First-time offenders convicted of third-degree crimes often receive probation rather than prison time under New Jersey's presumption of non-incarceration for defendants with no prior record," advises Lustberg. "However, for many convictions under drug-related statutes, the court must impose a driver's license forfeiture period of not less than six months and not more than two years, whether or not a vehicle was involved."

Defense strategies in drug cases include challenging illegal searches and seizures under the Fourth Amendment, disputing constructive possession when multiple people had access to the location where substances were found, questioning the reliability of lab testing results, and demonstrating a lack of knowledge that the substance was illegal. Attorney Lustberg examines every aspect of cases to identify constitutional violations and weaknesses in the prosecution's evidence. The firm also pursues diversionary programs like Pre-Trial Intervention, Conditional Discharge, and Recovery Court when appropriate for eligible clients.

For those facing drug charges in Bergen County and throughout New Jersey, understanding how offenses are graded and what defenses may apply is critical to protecting legal rights and avoiding the long-term consequences of a criminal conviction. Contacting an experienced criminal defense attorney can help navigate challenging evidence and pursue favorable outcomes.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based criminal defense law firm dedicated to representing clients facing drug charges and serious offenses throughout Bergen County and New Jersey. Led by attorney Adam M. Lustberg, who brings over 20 years of courtroom experience, the firm provides comprehensive defense representation at all stages of the criminal justice process. For consultations, call (201) 880-5311.

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