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Booby Trapping & Fortifying Premises Used to Sell Drugs

Fortified & Booby Trapped CDS Facilities

New Jersey has established a separate criminal offense that applies when someone engages in booby trapping or fortifying premises used to distribute controlled dangerous substances. This charge is something that must be taken very seriously because it can be treated as a First Degree crime with ten (10) years of prison time exposure. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, are available to speak to you immediately if you have been charged with this drug offense and initial consultations are complimentary. Attorneys are ready to assist you at 1-877-450-8301 and we hope the summary of the law that follows to be of assistance.

Two Varieties of Violation Under this Law

The law governing booby traps and fortification of drug distribution sites is N.J.S.A. 2C:35-4.1 Two types of offenses are carved out under this law, one addressing booby traps and the other concerning fortifying.

  1. Booby Trapping. This means any device designed or reasonably likely to cause bodily injury. A booby trap violation is a Second Degree crime but is enhanced to a First Degree crime if it causes bodily to a third party. The elements that must be established by the prosecutor to obtain a conviction are the existence of a booby trap, that was placed on the property, and that was intended to prevent, impede, delay or provide warning to entry into the premises.
  2. Fortifying Structure. A property is fortified when building materials, dogs or other means are used to inhibit access to the premises. It is a Third Degree Crime to fortify a structure that is used for manufacture, distribution of CDS. The elements of a fortify offense include (i) a fortified structure that is used for controlled dangerous substance; (ii) the fortification is to prevent, impede, delay or provide warning to entry; (iii) defendant maintained, owned, leased, occupied or controlled the structure; and (iv) defendant acted knowingly.

If you were indicted based on allegations that you violated N.J.S.A. 2C:35-4.1, the attorneys on our defense team can help you. One of lawyers is accessible anytime 24/7 to assist you at 1-877-450-8301. An attorney is prepared to assist you now.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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