SAN ANTONIO DRUG FREE ZONES
Texas law sets out certain drug free zones as explained in Health and Safety Code, Sec. 481.134. Drug crimes committed in these zones are subject to enhanced penalties. In some cases, the State will argue that the enhancements should apply even through the person accused did not know that the offense was committed in a drug free zone. Altlhough the issue is not well settled in Texas, the prosecution will often argue that Section 481.134 does not set forth a mens rea requirement separate from the mens rea required to prove delivery of a controlled substance.
The enhances penalties can make the crime much more serious. In some cases, the enhancement can increase the level of penalty by one level. The enhancement might also require the judge to run the sentence consecutively with all other sentences.
The enhancement can also impact the right to parole in a important way because under Texas Government Code 508.1459(e), the first five years of the prison sentence must be served day for day. If the prison sentence for a qualifying offense committed in a drug free zone is less than five years, then parole is not available at all.
Class A Misdemeanor Enhancement
A class A misdemeanor enhancement applies if it can be shown during the punishment phase of the trial that the drug crime was committed:
- In, on, or within 1,000 feet of any real property that owned, rented, or leased to a school or school board or the premises of a public or private youth center; or
- On a school bus.
The class A misdemeanor enhancements apply under the following circumstances:
- The offense was committed within a private residence; and
- No minor was present in the private residence at the time the offense was committed.
The class A misdemeanor enhancements apply under the following circumstances:
- Possession of Substance in Penalty Group 4 of less than twenty-eight grams;
- Manufacture, Delivery, or Possession of a Substance not listed in a penalty group;
- Delivery of Marijuana of one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;
- Possession of Marijuana of four ounces or less but more than two ounces.
State Jail Felony Enhancement
The state jail felony enhancement applies if the prosecution shows at the punishment phase of the trial that the drug offense was committed:
- In, on, or within 1,000 feet of any real property that is owned, rented or leased to a school or school board or the premises of a public or private youth center; or,
- On a school bus.
The state jail felony enhancement applies to the following drug crimes:
- Possession of Substance in Penalty Group 3 of less than twenty-eight grams;
- Manufacture, Delivery, or Possession of a Substance not listed in a penalty group;
- Delivery of Marihuana of one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;
- Possession of Marihuana of four ounces or less but more than two ounces.
Third Degree Felony Enhancement
A third degree felony enhancement applies if the prosecution shows at the punishment phase of the trial that the drug offense was committed:
- In, on, or within 1,000 feet of any real property that is owned, rented or leased to a school or school board or the premises of a public or private youth center; or
- On a school bus.
The third degree felony enhancement Applies to the following offenses:
- Manufacture or Delivery of Substance in Penalty Group 1 of less than one gram;
- Manufacture or Delivery of Substance in Penalty Group 2 of less than one gram;
- Manufacture or Delivery of Substance in Penalty Groups 3 or 4 of less than twenty-eight grams;
- Possession of Substance in Penalty Group 1 of less than one gram;
- Possession of Substance in Penalty Group 2 of less than one gram;
- Delivery of Marijuana of more than one-fourth ounce;
- Possession of Marijuana of more than one-fourth ounce.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.