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An arrest is not a conviction. There is still hope to protect your rights and secure your freedom. Having a drug conviction on your record can have long-lasting consequences. A Texas drug defense lawyer can mitigate the damaging effects of an arrest and fight for your best interests. If you are facing a criminal drug investigation, you need the attorneys of J.D. Silva & Associates by your side.

Drug Charges in Texas Explained

Texas law prohibits the possession, sale, and manufacturing of controlled substances. However, the severity of the penalties associated with the charge depends on a number of factors, including the type and amount of the drug in question.

How Are Drugs Classified in Texas?

Drugs are classified into five groups, from most severe to least. Each group has a set of minimum and maximum penalties if convicted:

  • Group 1: Group 1 carries the harshest penalties if convicted. Generally, this group includes the most addictive drugs, including heroin, cocaine, and LSD.
  • Group 2: Group 2 includes lesser hallucinogens, including psychedelic mushrooms and ecstasy.
  • Group 3: Most prescription stimulants and depressant drugs are included in Group 3, including Valium, Xanax, and Ritalin.
  • Group 4: Group 4 includes prescription drugs that are not covered in Group 3, including codeine, opioids, and steroids.
  • Group 5: The fifth group includes marijuana. While other states have legalized marijuana, it is still considered a controlled substance in Texas.

There have been efforts to decriminalize marijuana. However, it is important to know that the state can still prosecute marijuana-related drug crimes harshly.

What Will Affect the Severity of the Penalties?

The amount and type of drug crime will also affect the severity of the drug charge. For example:

  • Drug quantity: The amount of the controlled substance plays a critical role in the severity of the punishment, should you be convicted. Illegal drugs are generally measured by weight. The quantity of the drug will affect whether the charge is a misdemeanor or a felony. In addition, if you have a large amount of the controlled substance, you may be charged with selling, drug manufacturing, or drug trafficking.
  • Type of drug crime: Under state law, you can be charged with the possession, sale, or manufacturing of an illegal substance. Drug possession is typically the most common charge and is often the lesser of the three. However, offenses are considered more serious when the drug-related crime involves other people. For instance, selling, trafficking, and manufacturing illegal substances are the most severe.

Drug crime law is complex and dependent upon several factors. Prosecutors and judges will also take into account any prior arrests, substance abuse issues, and/or mental health conditions. Fortunately, a drug defense attorney has several potential legal defenses to mitigate the charges.

What Are the Potential Legal Defenses a Drug Crime Lawyer May Use?

Regardless of the charge, the first step to a successful defense is retaining experienced representation. A drug defense lawyer can assess your situation and work with you on the best strategies for your unique situation.

Some of the possible legal defenses may involve the following:

  • Lack of knowledge
  • The lab results are a false positive
  • Mistook the drugs for something else
  • You have a legal prescription for the medication
  • You were under duress, forced, or coerced
  • There was an illegal search and seizure
  • The authorities did not have a warrant
  • The drugs were not yours and belonged to someone else
  • The substance at issue is not a controlled substance
  • Lack of evidence from the prosecution
  • Law enforcement did not have probable cause when they made their arrest

Every situation is different. The defensive approach our firm will use will depend on the details of your case.

What is the Most Common Drug Crime in Texas?

Drug abuse is a persistent problem in Texas. To combat the illegal possession and trafficking of drugs, Texas has some of the strictest drug laws of any other state.

According to research from the Texas Department of Public Safety, in the last reporting year:

  • There were nearly 90,000 drug arrests
  • More than 13,000 people were charged with selling illegal drugs
  • An estimated 75,000 people were arrested for possession

Synthetic narcotics were the most manufactured and sold controlled substance, making up 56% of the total drug sales. More people were arrested for possession than any other drug crime in Texas. Generally, drug possession arrests involve the following substances:

  • 7% of arrests were for marijuana possession
  • 2% of people were charged with opium or cocaine possession
  • 2% of arrests involved narcotics

The rest of the drug possession arrests were not reported by substance and instead included in the same category.

Drug Possession Charges in Texas

Drug possession is the most commonly charged drug crime in the state. The laws on drug possession vary across the country. However, Texas state law defines drug possession as the actual care, custody, or control of an illegal substance.

Is Drug Possession Considered a Felony in Texas?

Possession of drugs can be a misdemeanor or a felony. It depends on the volume of the drug you possess and what classification of drug it is. All seven classifications of drugs in Texas can rise to the level of being a felony if you possess enough of them.

For example, if you are caught with four ounces to less than five pounds of marijuana, you are charged with a state jail felony. Upward in volume from there reaches a 1st-degree felony for possessing more than 2,000 pounds of marijuana.

What Are the Penalties for Drug Possession in Texas?

The penalties for a Texas drug possession charge range from a misdemeanor up to a first-degree felony:

  • Class B misdemeanor drug possession: Class B misdemeanors are punishable by a $2,000 fine and up to 180 days in jail.
  • Class A misdemeanor: Class A misdemeanor drug possession carries a maximum jail sentence of 1 year and a $4,000 fine.
  • State jail felony (aka fourth-degree felony): Felony possession has a minimum jail sentence of 180 days with a maximum of 2 years. Fines may be in excess of $10,000.
  • Third-degree felony: Third-degree drug felony possession carries a 2- to 10-year prison sentence.
  • Second-degree felony: Second-degree felony drug possession has a minimum 2-year jail sentence. However, a person may be sentenced to up to 20 years.
  • First-degree felony: First-degree felony drug possession carries the harshest sentence. A conviction can result in a 5- to 99-year sentence in prison. In some cases, convictions have carried a life sentence.

The weight and the drug classification of the controlled substance will determine what charges are brought.

Will the Judge Be More Lenient if This is My First Drug Possession Charge?

First time offenses involving drug possession may or may not involve a more lenient sentence. The court will look at your previous criminal record and see if the offense was committed in a designated drug-free zone. For instance, if you were arrested for possession within 1,000 feet of a daycare, playground, or school, a conviction can result in a much harsher sentence.

However, a skilled drug defense lawyer can employ various strategies to have the charges dismissed or lessened. For example, if the charges cannot be dismissed and an acquittal seems unlikely, a potential resolution your criminal defense attorney can consider is “pretrial intervention” or “pretrial diversion.” This is a type of deferred adjudication where an offender can complete certain drug abuse programs and requirements to have their case dismissed.

Drug Manufacturing Charges in Texas

Drug manufacturing in Texas is a very serious charge and is usually coupled with possession charges. Manufacturing charges involve growing illegal plants or creating synthetic drugs. Marijuana, methamphetamines, and steroids are the most commonly manufactured drugs in the state.

What Are the Penalties for Drug Manufacturing?

Drug manufacturing is illegal in every state. The penalties for manufacturing vary based on the type of substance being manufactured. Texas has some of the harshest penalties in the nation. For example, if cocaine is involved, the potential penalties will fall under Drug Penalty Group 1:

  • State jail felony: Manufacturing or delivering less than one gram of a controlled substance is a state jail felony punishable by 180 days to two years in state jail and/or a fine of not more than $10,000.
  • Second-degree felony: Manufacturing or delivering one gram or more but less than four grams of a controlled substance is a second-degree felony punishable by two to 20 years in prison and/or a fine of not more than $10,000.
  • First-degree felony: Manufacturing or delivering four grams or more but less than 200 grams of a controlled substance is a first-degree felony punishable by five to 99 years in prison and/or a fine of not more than $10,000.
  • Enhanced first-degree felony: A first-degree felony may be enhanced for drugs manufactured over 200 grams but less than 400 grams. This is punishable by 10 to 99 years or life in prison and/or a fine of not more than $100,000.

The most commonly manufactured drug in Texas is methamphetamine. According to a recent report, methamphetamine is considered the number one threat to the state by the DEA Field Division.

Drug Trafficking Charges

Texas refers to drug trafficking as the delivery of a controlled substance. A drug trafficking arrest often carries an additional charge of possession. Texas is a large state and shares its borders with four states and Mexico. According to the Justice Department, most drugs that enter the U.S. come from the South Texas border and San Antonio areas.

What Are the Penalties for Drug Trafficking?

The penalties for delivery vary based on the type of substance being delivered. For example, if cocaine is involved, the potential penalties will fall under Drug Penalty Group 1:

  • State jail felony: Manufacturing or delivering less than one gram of a controlled substance is a state jail felony punishable by 180 days to two years in state jail and/or a fine of not more than $10,000.
  • Second-degree felony: Manufacturing or delivering one gram or more but less than four grams of a controlled substance is a second-degree felony punishable by two to 20 years in prison and/or a fine of not more than $10,000.
  • First-degree felony: Manufacturing or delivering four grams or more but less than 200 grams of a controlled substance is a first-degree felony punishable by five to 99 years in prison and/or a fine of not more than $10,000.
  • Enhanced first-degree felony: A first-degree felony may be enhanced for drugs manufactured over 200 grams but less than 400 grams. This is punishable by 10 to 99 years or life in prison and/or a fine of not more than $100,000.

Like other drug crimes, the type of controlled substance can also influence the type of drug charge the accused may face and the severity of the possible punishment.

What is Sentence Stacking and How Can a Drug Crime Lawyer in Texas Help?

Due to the nature of the crime, drug arrests often carry multiple charges for the same action. For example, suppose a person is taking an ounce of cocaine to a friend’s party. If caught, they may be charged with:

  • State felony drug possession
  • State felony drug trafficking

Both carry a maximum sentence of 2 years. If convicted, a judge has the ability to order the sentences to be served consecutively, or back-to-back. A person may face four years in prison for having 1 ounce of cocaine. A consecutive sentence is known as sentence stacking and is used to increase the severity of drug crime penalties.

A drug crime defense attorney can help mitigate the charges by employing several tactics, including negotiating with the prosecutor on your behalf and moving for some of the charges to be dismissed.

Contact the Pearland Drug Defense Attorneys at J.D. Silva & Associates Today

At J.D. Silva & Associates, we understand what is at risk when you are faced with a criminal arrest. A drug crime conviction can ruin your livelihood and reputation. In addition, you may be facing several months or years in prison. Even an arrest without a conviction can hurt your career and significantly impact your personal life.

Our drug defense lawyers in Texas will aggressively defend your rights and protect your best interests. We have years of experience helping those accused of drug abuse and other criminal charges. We know choosing an attorney is a deeply personal decision. Schedule a consultation today to discuss the details of your unique situation.

Contact us to see how we can help!