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Understanding the Consequences of Violating N.J.S.A. 2C:35-4.1 for Manufacturing and Distribution Facilities in New Jersey
If you are a manufacturer or distributor of controlled dangerous substances (CDS) in the State of New Jersey, it is crucial to understand the law on booby traps and fortified premises outlined in N.J.S.A. 2C:35-4.1. A violation of this statute comes with severe penalties and consequences, including imprisonment, hefty fines, and a criminal record that can harm your reputation, business, and personal life.
What is N.J.S.A. 2C:35-4.1?
N.J.S.A. 2C:35-4.1 provides definitions of a booby trap, its structure, types of devices that can trigger it such as firearms, ammunition, trip wires or lines with hooks or weights attached. It also outlaws placing or maintaining a booby trap on any property used for CDS manufacture, distribution, possession or control.
Furthermore, it defines a “structure” as any ship, airplane, building or room adapted for overnight accommodation of individuals or carrying out business purposes connected to controlled dangerous substances – whether one is present there physically or not.
It’s critical to note that the law prohibits from fortifying such structures using steel doors, wooden planking, cross bars and alarm systems installed intentionally to delay/impede/prevent law enforcement officers’ entry into the area.
The Consequences of Violating N.J.S.A. 2C:35-4.1
Anyone found guilty for violating N.J.S.A.2C:35-4.1 regarding booby traps is subject to second-degree crime charges while causing bodily injury raises them further up to first-degree charges.
The person in charge cannot cite defense stating non-functionality/inoperability/ police awareness about such devices since their presence alone indicates guilt of intentions.
Similarly, a person found guilty of fortifying or maintaining such structures is committing a third-degree crime. The law holds even if dogs, lookouts or any other means impede the authorized personnel entry into the building.
Legal Implications of N.J.S.A. 2C:35-4.1
A booby trap or fortified structure retains its legal implications as long as it’s present on the property or structure controlled/owned/operated by the offender.
Similarly, this act against N.J.S.A. 2C:35-4.1 doesn’t merge with any other violation mentioned in Chapter 35 of Title 2C — imposing consecutive sentences is possible unless it’s considered injustice against ethical rights and norms.
Getting Legal Assistance
Todd Spodek can help you understand your legal obligations to avoid circumstances that may cause you to violate N.J.S.A. 2C:35-4.1 while owning CDS manufacturing/distribution facilities.
Don’t risk potential severe charges and penalties that come with violating this statute – consult with Spodek Law Group for legal assistance!
Table for What NJS A 2C:35-4.1 Says About Booby Traps and Fortifications:
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|Booby Traps |Fortified Premises |Booby Traps |Fortified Premises |
|Definition & Types |Definition |Second-Degree Crime |Third-Degree Crime |
|Types of Devices |Structure |First Degree if injury caused |Dogs, Lookouts blocking entry into buildings |
|Illegal Placement & Maintenance |Illegal fortification |- |- |
|Presence on Property/Structure |Presence on Property/Structure |- |- |
|Defense Not Applicable |Deterrence of Law Enforcement Officers |- |- |
|No Merger with Other Charges |No Merger with Other Charges |- |- |
An arrest for a CDS violation in New Jersey could put your life and liberty at risk.
Any person held responsible for violating the law pertaining to booby traps (second-degree crime), fortification of premises (third-degree crime), or causing bodily harm due to a booby trap presence (first-degree crime) can serve educational, professional hindrances and long-term psychological effects that may ruin their personal and professional lives.
Being accused of manufacturing or distributing controlled dangerous substances can lead to negative publicity. Todd Spodek is the experienced defense lawyer you need to help you keep away from such an ordeal.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS