Battling a charge involving the theft of prescription drugs can be a stressful endeavor. Understanding how the state of New Jersey addresses these cases allows you to prepare your defense strategies and consult the necessary legal professionals.
The method shapes the charge
New Jersey consolidates most stealing into one theft offense, yet the manner of taking decides which provision applies. When someone conceals or removes drugs from a pharmacy without paying, prosecutors can file shoplifting charges and grade them by full retail value.
The state proceeds under theft by deception when a pharmacist dispenses medication in reliance on a forged or altered prescription. Prescription fraud also constitutes a separate crime, so one transaction can support two counts.
Prosecutors charge extortion when a person obtains medication through threats, and you can face a receiving charge for holding drugs you know or believe are stolen even if you never took them. In many cases, the cost of the medication involved helps determine the severity of the offense.
Quantity and value determine classification
The grading rules lawmakers continue to refine assign each count a degree as follows:
- Second-degree charges apply when the value reaches $75,000 or a controlled dangerous substance exceeds 1 kilogram
- Third-degree charges apply when the value exceeds $500 but remains below $75,000, or when the theft involves 1 kilogram or less of a controlled dangerous substance valued below that threshold
- Fourth-degree charges apply when the value falls between $200 and $500
Because medications like opioid painkillers and stimulants often qualify as controlled dangerous substances, prosecutors can pursue third-degree charges even if the exact retail value of the stolen items cannot be determined.
Convictions carry escalating penalties
Each degree corresponds to a sentencing range:
- A second-degree conviction is punishable by five to 10 years in prison and a fine of up to $150,000
- A third-degree conviction is punishable by three to five years in prison and a fine of up to $15,000
- A fourth-degree conviction is punishable by up to 18 months in prison and a fine of up to $10,000
New Jersey presumes imprisonment for second-degree crimes, while a first conviction in the third or fourth degree carries a presumption against incarceration.
Defense options remain available
Prosecutors must prove every element beyond a reasonable doubt, including your purpose to deprive the owner of the drugs. An honest claim of right offers a defense when you genuinely believed the medication was yours or the owner consented.
Your attorney can also contest the alleged cost or quantity to move the charge into a lower tier. First-time defendants may qualify for Pretrial Intervention, which suspends prosecution and ends in dismissal, and recovery court substitutes treatment when addiction underlies the conduct.
A prescription drug theft case can carry consequences that extend beyond the immediate criminal charge. The Law Offices of Stephen R. Piper, LLC can examine the facts, explain what to expect as the case moves forward and provide legal guidance based on your circumstances.