Oxycodone Charges
Defending drug charges throughout New Jersey, no matter how minor or how serious, is what we at the Moriarty Law Firm do. We have built a reputation on fast, effective defense of drug charges in all counties in NJ, including Monmouth, Middlesex, Ocean and Mercer counties. Have you been charged with possession of marijuana, cocaine, meth, LSD, or any other drug in the State of New Jersey? Please contact our office at your convenience for a free initial consultation. (732) 842-7773 or by email.
Possession or Distribution of Prescription Drugs: Oxycodone
Oxycodone is an opioid analgesic medication used to relieve moderate to severe pain. It can be prescribed as a single ingredient product but can also be combined with acetaminophen or ibuprofen. Oxycontin is a brand name for time release single oxycodone medication. Unfortunately, this drug has proven very addictive and provides a high to those patients who are prescribed it. As a result, an illegal market has developed for the buying and selling of strong painkillers like oxycodone and oxycontin. This often leads to other criminal charges besides possession and distribution offenses such as prescription drug forgery charges or prescription fraud charges as individuals try to get these drugs any way that they can, even without a valid prescription.
A significant black market has developed for Oxycontin because individuals with a valid prescription pay approximately $2 per 20 mg pill while these pills are sold illegally for approximately $20 to $40 per pill. As a result, it is extremly profitable for individuals to sell these pills illegally. Moreover, there is a high risk of significant withdrawal if an individual stops taking oxycodone or Oxycontin abruptly. Typically, doctors slowly take patients off of a Oxycontin regiment for pain. Thus, those individuals who are taking oxycodone which is not prescribed and purchase it illegally suffer significant withdrawal symptoms if they are unable to purchase additional pills.
Oxycontin Possession and / or Distribution: N.J.S.A. 2C:35-10.5
Typically, charges for illegal possession and/or distribution of Oxycontin or Oxycodone are governed by N.J.S.A. 2C:35-10.5 which provides in pertinent part:
§ 2C:35-10.5. Prescription legend drugs
a. A person who knowingly:
(1) distributes a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian,dentist or other practitioner authorized by law to prescribe medication is a disorderly person;
(2) distributes for pecuniary gain or possesses or has under his control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree;
(3) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the third degree. Notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 200,000 may be imposed; or
(4) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the second degree. Notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000 may be imposed.
For more information or for assistance in dealing with your prescription drug charges, please contact our office for a free initial consultation at (732)842-7773.
We Handle Both Minor and Serious Drug Charges
Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.
The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.
Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.