New jersey criminal charge
Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New jersey
Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined is a criminal offense under New jersey law, defined by N.J.S.A. 2C:35-7.1. 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:35-7.1.
What is the penalty for violations of n.j.s.2c:35-5, certain locations; degree of crime; terms defined in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Distribution/possession with intent to distribute near public housing, park, or building — Applies when a person violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or analog within 500 feet of a public housing facility, public park, or public building.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Distribution/possession with intent to distribute near public housing, park, or building — Applies when a person violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or analog within 500 feet of a public housing facility, public park, or public building.; 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 (Same offense involving less than one ounce of marijuana — Applies to the same violation described above when the amount involved is less than one ounce of marijuana.; 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) (Same offense involving less than one ounce of marijuana — Applies to the same violation described above when the amount involved is less than one ounce of marijuana.; 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 violations of n.j.s.2c:35-5, certain locations; degree of crime; terms defined classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution/possession with intent to distribute near public housing, park, or building | crime of the second degree | Applies when a person violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or analog within 500 feet of a public housing facility, public park, or public building. | N.J.S.A. 2C:35-7.1undefined |
| Same offense involving less than one ounce of marijuana | crime of the third degree | Applies to the same violation described above when the amount involved is less than one ounce of marijuana. | N.J.S.A. 2C:35-7.1undefined |
Common questions about violations of n.j.s.2c:35-5, certain locations; degree of crime; terms defined in New jersey
What degree of offense is violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New Jersey?
It depends on the circumstances: violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:35-7.1.
Distribution/possession with intent to distribute near public housing, park, or building: crime of the second degree (N.J.S.A. 2C:35-7.1) · Same offense involving less than one ounce of marijuana: crime of the third degree (N.J.S.A. 2C:35-7.1)
What are the penalties for violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined in New Jersey?
Penalties for violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined 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 violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined?
Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined is governed by N.J.S.A. 2C:35-7.1 (Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined).
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.