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Drug-Induced Deaths

New Jersey Drug-Induced Deaths Lawyers

2C:35-9. Strict Liability for Drug-Induced Deaths

Drug crimes account for the vast majority of cases in New Jersey courts. In addition to possible incarceration, defendants convicted of and CDS crime in New Jersey face 6 to 24 months of driver’s license suspension, a criminal record and high fines. Our New Jersey CDS defense attorneys will fight for you regardless of what type of possession or distribution charge you are facing. With four offices in New Jersey, our CDS defense attorneys can represent you in any court in New Jersey. For more than 35 years, we have fought for thousands of clients and successfully defended them against all New Jersey CDS charges.

Our New Jersey CDS defense attorneys can represent you in any court in New Jersey with regard to any of these charges:

  • Possession of Marijuana, 2C:35-10A(4)
  • Distribution of Marijuana, 2C:35-5b(10)
  • Drug Paraphernalia, 2C:36-2
  • Possession of Hypodermic Needle, 2C:36-6
  • Possession of CDS, 2C:35-10
  • Possession of Prescription Drugs, 2C:35-24
  • Possession With Intent, 2C:35-5
  • School Zone, 2C:35-7
  • Distribution on Public Property, 2C:35-7.1
  • Maintaining a CDS Production Facility, 2C:35-4
  • Manufacturing Flunitrazepam, 2C:35-5.3
  • Possession of Flunitrazepam, 2C:35-10.3
  • Manufacturing Gamma Hydroxybutyrate, 2C:35-5.2
  • Possession of Gamma Hydroxybutyrate, 2C:35-10.2
  • Meth, 2C:35-5b(9)
  • Obtaining CDS by Fraud, 2C:35-13
  • Drug-Induced Deaths, 2C:35-9
  • Employing a Juvenile in Drug Distribution, 2C:35-6
  • Leader of Narcotics Trafficking Network, 2C:35-3
  • LSD, 2C:35-5b(7)

2C:35-9. Strict Liability for Drug-Induced Deaths
a. Any person who manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree.

b. The provisions of N.J.S. 2C:2-3 (governing the causal relationship between conduct and result) shall not apply in a prosecution under this section. For purposes of this offense, the defendant’s act of manufacturing, distributing or dispensing a substance is the cause of a death when:

(1) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and

(2) The death was not:

(a) too remote in its occurrence as to have a just bearing on the defendant’s liability; or

(b) too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect as to have a just bearing on the defendant’s liability.

c. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance, or by his consenting to the administration of the substance by another.

d. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. Notwithstanding the provisions of N.J.S. 2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for leader of narcotics trafficking network, maintaining or operating a controlled dangerous substance production facility, or for unlawfully manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense the controlled dangerous substance or controlled substance analog which resulted in the death.

From Newark to Trenton, Jersey City to Atlantic City, our narcotics defense lawyers will fight you in any court in New Jersey. With an office in New Brunswick, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your New Jersey drug charges!

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