Drug Possession Crimes
Drug Crimes in Texas
The State of Texas takes drug crimes very seriously, and if you are facing criminal charges related to controlled substances, you may be looking at a lengthy prison sentence, steep fines, and other consequences. In drug cases, the charges and penalties can be different depending on whether you have been accused of simple possession of a controlled substance or whether you allegedly sold, transferred, or distributed drugs to others. We can help you understand the specific charges you are facing and the best defense strategies that will help you avoid a conviction.
Drug Possession Compared with Drug Delivery
Texas law defines possession as the “actual care, custody, control, or management” of a controlled substance. Typically, possession charges are based on drugs being found in a person’s physical possession or in their home or vehicle. The penalties for possession will depend on the type and amount of drugs. Possession of less than one gram of “hard drugs” like methamphetamines, cocaine, or heroin is a state jail felony, which carries a prison sentence of 180 days to two years. Possession of these drugs in higher amounts can result in more serious felony charges that carry longer jail sentences.
Drug delivery, which is sometimes referred to as drug distribution or drug trafficking, is taken more seriously, and charges can result in steeper penalties. Under Texas law, delivery involves transferring a controlled substance to someone else or offering to sell drugs to someone. In many cases, possession of large amounts of controlled substances may be seen as evidence that a person intends to sell and distribute these drugs.
As with possession, the penalties for drug delivery will depend on the type and amount of drugs. Delivery of more than one ounce of heroin, cocaine, or other substances included in Penalty Group 1 is a second-degree felony, which carries a jail sentence of 2-20 years in Texas. Delivery of larger amounts will result in higher felony charges with longer potential jail sentences.
In addition to facing charges for drug delivery under state laws, distribution or trafficking of controlled substances may also result in federal charges. Federal agencies such as the Drug Enforcement Administration (DEA) may become involved in a case if charges involve the trafficking of drugs across state lines or international borders or if a person is accused of violating federal laws. Federal drug charges are often more severe than state-level charges, and a conviction may result in mandatory minimum sentences in federal prison.
You should always consult an attorney to consider your options. We are often retained to interact with the police before charges are even filed. Call Anderson Legal Group, P.C., today at (817) 424-3405 to set up your free consultation.