Drug Offenses
A drug offense is a crime in Texas
In Texas it is illegal to possess, manufacture, distribute, or abuse controlled substances such as narcotics, marijuana, heroin, and other illegal drugs. It is also illegal to abuse prescription drugs.
Controlled substances are defined by law
The Texas Controlled Substances Act provides authority and criteria for classification of substances. The most serious drug offenses and those with the greatest punishments include manufacturing and distributing illegal drugs.
Punishment
If you plead guilty or are found guilty of a drug offense, your punishment will depend upon the quantity of the drugs, and its classification under the Texas Controlled Substances Act. The law also allows the State to enhance punishments if you are found guilty of possessing a controlled substance in a “drug free zone”.
A conviction for any drug crime in Texas will have many unintended consequences, which may include—
- Suspension of your driver's license
- Denial of student loans or any other federally insured loan program
- Difficulty in renting an apartment
- Difficulty in getting a job due to a drug conviction
Drug charges should be fought if possible. If a drug charge is dismissed without being placed on probation or an acquittal is obtained, you are entitled to seek a court order expunging the case. If there is no way to obtain a dismissal or an acquittal to a drug charge, you should try to obtain a plea bargain that will allow you to seal your records after completing your probationary period.
Punishment ranges include—
- First Degree Felony
- Imprisonment in the Institutional Division for life, or
- Imprisonment in the Institutional Division for not more than 99 years or less than five years
- In addition to imprisonment, may receive a fine not to exceed $10,000
- Second Degree Felony
- Imprisonment in the Institutional Division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
- Third Degree Felony
- Imprisonment in the Institutional Division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
- State Jail Felony
- Confinement in a State Jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
- Class A Misdemeanor
- Confinement in County Jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
- Class B Misdemeanor
- Confinement in County Jail for a term not to exceed 180 days
- Fine not to exceed $2,000
- Both such fine and confinement
- Class C Misdemeanor
- Fine not to exceed $500
What to do when you are accused of drug offense
If you are accused of drug offense, you are entitled to a trial at which the State of Texas has to prove your guilt beyond a reasonable doubt. At trial, the State of Texas has an attorney working for it and so should you. The law firm of Stephanie Duecker Hudson, PLLC has extensive experience in defending clients charged with drug offenses and in negotiating to reduce the potential penalties. For a free consultation, call 469-342-3364 or click here to contact us online.
