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Texas is known to be particularly stringent when it comes to charging people for drug crimes. In this state, individuals can face some of the country's stiffest penalties for drug-related charges. Those convicted could potentially spend many years in jail and be punished with hefty fines. However, although they should always be taken seriously, drug charges don't have to ruin a person's life.
Individuals who have been arrested or charged with drug crimes must act quickly to defend themselves and prevent a conviction from affecting their future. Luckily, an experienced Colleyville criminal defense attorney can represent their cases and best interests in court. Facing drug charges? The criminal defense team at Sparks Law Firm understands that they can be intimidating and is ready to help people get their lives back on track following an arrest for a drug crime.
Common Drug Charges in Texas
In Texas, each drug charge is unique. Penalties and charges vary based on several factors, including the type and amount of controlled substance. However, these are the most common drug crimes:
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Possession
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Manufacturing
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Conspiracy
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Delivery or intent to distribute
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Sale
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Drug trafficking
A DWI conviction may have an impact on one's professional and personal life as well. It can come up in background checks for housing or employment applications. Furthermore, a DWI can also impact child custody.
How Are Drugs Classified in Texas?
In Texas, not all controlled substances are treated equally, as they fall into penalty groups. This classification is based on their risk of abuse and whether there are accepted medical uses for those drugs.
Below is an overview of the penalty groups under Texas's Controlled Substances Act, with Penalty Group 1 including the most addictive and dangerous drugs.
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Penalty Group 1: Cocaine, methamphetamine, ketamine, opiates, heroin
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Penalty Group 1-A: Lysergic acid diethylamide (LSD)
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Penalty Group 1-B: Fentanyl
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Penalty Group 2: Tetrahydrocannabinol (THC), central nervous system depressants, and other hallucinogens
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Penalty Group 2-A: Synthetic marijuana or cannabinoids
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Penalty Group 3: Benzodiazepines, Ritalin, Xanax, and other stimulants or depressants
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Penalty Group 4: Narcotics with medical value, such as codeine or morphine
Under Texas law, marijuana is classified in a separate category with its own penalties. However, it remains mostly illegal. Possession of this drug may be considered a misdemeanor or criminal charge depending on the amount convicted individuals had when arrested.
Regardless of the type of controlled substance involved, people facing drug charges should have an experienced criminal defense attorney by their side to find the best way to approach these serious situations.
What If a Drug-Related Criminal Offense Is Handled at a Federal Level?
Federal crimes carry even stiffer penalties, including no less than five years in prison and fines of up to $5 million in the following cases:
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Cocaine trafficking (400-4999 grams)
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Fentanyl trafficking (40-399 grams)
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Heroin (100-999 grams)
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LSD (1-9 grams)
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Methamphetamine (5-49 grams)
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PCP (10-99 grams)
If the quantities of drugs are greater, penalties increase to no less than 10 years in federal prison, with the possibility of a life sentence, and fines of up to $10 million. Second or subsequent offenses can lead to even harsher penalties.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
In Colleyville, TX, Drug Crimes Can Have Serious Consequences
In Colleyville and other Texas cities, facing criminal charges for drug-related offenses can impact individuals' lives forever. Even if found in possession of only a small amount of a controlled substance, offenders could face potential penalties and jail time. Plus, they'll have a conviction on their criminal records.
Potential Penalties for a Drug Crime Conviction in Texas
Penalties vary based on the unique circumstances of each case. Possessing less than a gram of a Penalty Group 1 drug is considered a state jail felony, so offenders could be punished with 180 days to two years in state jail and up to $10,000 in fines.
Marijuana Possession
Marijuana possession in small quantities isn't a felony unless it becomes a Penalty Group 1 controlled substance, which occurs when it's no longer in its plant form.
Since this drug is in a separate category within the state's controlled substance classification, these cases are handled differently. Possessing less than two grams of marijuana is a Class B misdemeanor.
Potential penalties include up to 180 days in jail and fines, but they vary based on the amount of marijuana in possession. In serious cases, offenders may face first-degree criminal charges.
Drug Trafficking
If charged under state law, drug trafficking falls into the category of felony offenses, carrying penalties of two years. However, offenders could face up to 99 years or life in prison and fines as large as $250,000 if this crime is handled as a first-degree felony.
Arrested for Drug Crimes? How a Colleyville Criminal Defense Lawyer Can Help
Drug crime cases can be extremely complex. Laws are intricate and difficult for most people to understand. Also, offenders can face harsh penalties that could ruin their future.
However, experienced criminal defense attorneys at reputable law offices can help them defend their rights to get their lives back on track. These are some of the common defenses that Colleyville, TX, lawyers can use:
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Search and seizure were illegal.
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Drugs didn't belong to alleged offenders.
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Offenders were victims of entrapment because someone coerced them into doing something that wouldn't have otherwise done.
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The substance isn't illicit.
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Individuals weren't in possession of the drug.
First Offender Drug Program (FODP)
People who have been arrested on a drug charge for the first time and have no prior criminal history may qualify for the First Offender Drug Program in Tarrant County. After completion, drug charges could be dismissed, and individuals could be eligible for an expunction after a one-year waiting period.
Contact Sparks Law Firm's Criminal Lawyers Today!
Our criminal defense lawyers understand that drug charges can affect people's lives and are willing to fight for their rights to prevent these challenging situations from ruining their futures.
At Sparks Law Firm, we truly care about our clients and know that any human can make a mistake, so we'll go to great lengths to help them learn from this experience and get a second chance to do things right.
Our team has extensive experience in drug-related cases, violent crimes, and more. Contact us today!