Understanding the Severity of Drug Charges in Texas

What Are the Different Types of Drug Charges in Texas?

In Texas, drug charges can range from minor misdemeanors to serious felonies, depending on the type and amount of drugs involved, as well as the circumstances surrounding the case. The most common types of drug charges include possession, delivery, manufacture, and trafficking.

Possession is the most common charge, and it involves having a controlled substance in your possession without a valid prescription. The severity of the charge depends on the type and amount of drug involved. For instance, possession of less than two ounces of marijuana is a Class B misdemeanor, while possession of more than 400 grams of a substance like cocaine or heroin is a first-degree felony.

Delivery charges involve the transfer of a controlled substance from one person to another. This can include selling, giving away, or even just offering to give someone drugs. The severity of delivery charges also depends on the type and amount of drug involved.

Manufacturing charges involve the production or creation of drugs. This can include growing marijuana plants or making methamphetamine in a home lab. The severity of manufacturing charges depends on the type and amount of drug produced.

Trafficking charges involve the transportation or distribution of large amounts of drugs. These are the most serious drug charges and can result in heavy fines and lengthy prison sentences.

What Are the Penalties for Drug Charges in Texas?

The penalties for drug charges in Texas can be severe, depending on the type and amount of drug involved, as well as any prior convictions. Penalties can range from fines and probation to lengthy prison sentences.

For example, possession of less than two ounces of marijuana can result in up to 180 days in jail and a fine of up to $2,000. On the other hand, possession of more than 400 grams of a substance like cocaine or heroin can result in a prison sentence of 10 to 99 years and a fine of up to $100,000.

Delivery, manufacturing, and trafficking charges can result in even more severe penalties. For instance, delivery of more than 400 grams of a substance like cocaine or heroin can result in a prison sentence of 15 to 99 years and a fine of up to $250,000.

What Happens if I’m Convicted of a Drug Charge in Texas?

If you’re convicted of a drug charge in Texas, the consequences can be severe and long-lasting. In addition to potential fines and jail time, a conviction can also result in a criminal record, which might make it difficult to find a job, secure housing, or even obtain a professional license.

Furthermore, certain drug convictions can result in the suspension of your driver’s license. If the drug charge involved a minor, you could also face additional penalties, such as mandatory community service or drug education classes.

In some cases, a drug conviction can even result in forfeiture of your property. If the police believe that your property was used in the commission of a drug crime or was purchased with drug money, they can seize it and sell it at auction.

What if I’m a First-Time Offender?

If you’re a first-time offender, you may be eligible for certain programs or sentencing alternatives that can help you avoid a criminal conviction. Texas offers several diversion programs for first-time drug offenders. These programs often involve drug education classes, community service, and regular drug testing. If you successfully complete the program, the charges against you may be dismissed.

However, not everyone is eligible for these programs, and the eligibility requirements can be complex. A skilled lawyer can help you understand your options and guide you through the process.

What if the Drugs Belonged to Someone Else?

In some cases, you might be charged with a drug offense even if the drugs belonged to someone else. This is known as “constructive possession.” Under Texas law, you can be charged with possession if you had control over the place where the drugs were found, even if the drugs were not physically on your person.

However, proving constructive possession can be challenging for the prosecution. They must prove beyond a reasonable doubt that you knew the drugs were present and that you had control over them. An experienced lawyer can help you challenge these allegations and fight for your rights.

For example, if you borrowed a friend’s car and were stopped by the police, who then found drugs in the vehicle, you could argue that you had no knowledge of the drugs. Similarly, if you were staying at a friend’s house and drugs were found in your room, you could argue that you were unaware of their presence.

What if I Have a Valid Prescription for the Drugs?

In some cases, you may be charged with a drug offense for possessing drugs for which you have a valid prescription. However, under Texas law, possession charges can be countered if you can prove that you had a valid prescription for the drugs from a licensed practitioner.

How Can an Experienced Lawyer Help with My Drug Charges?

An experienced lawyer can be invaluable when facing drug charges in Texas. They can help you develop a strong defense strategy.

For example, if you’re charged with possession, an experienced lawyer might be able to argue that the drugs were not yours or that the police did not have a valid reason to search you or your property. If you’re charged with delivery, they might be able to argue that you were not actually delivering the drugs or that the amount of drugs involved was less than the prosecution claims.

An experienced lawyer might be able to get your charges reduced or even dismissed. If your case goes to trial, they can represent you in court and fight for your rights.

If you have been charged with a drug offense in Texas, call The Flanary Law Firm today at 210-880-3931 for a free consultation!