If you’ve been found guilty of selling, manufacturing, or possessing a controlled substance in Texas, you may face severe penalties. Drug crimes can bring about serious charges, and it’s important to understand what charges and penalties you can expect after you’ve been charged with a drug offense.
Below you can learn more about drug crimes and the charges and penalties that may be brought in response.
What Does Texas Consider a Drug Offense?
Before discussing charges for drug offenses, we need to establish what sorts of acts we’re talking about. Under the Texas Controlled Substances Act, there are five primary types of drug crimes:
- Possession – What most of us think of when we imagine a drug crime, this includes the illegal possession of a controlled substance.
- Dealing – Selling an illegal substance that Texas considers a controlled substance is also a type of drug crime.
- Trafficking – Usually involving larger quantities of controlled substances, this offense involves the illicit manufacturing and distribution of drugs.
- Manufacturing – Manufacturing controlled substances, with or without the intention to distribute, is a crime.
- Paraphernalia – Selling or distributing materials or equipment utilized in the production or use of controlled substances is also illegal in Texas.
Controlled substances in Texas include drugs like methamphetamine and marijuana, as well as prescription medications like opioids and opiates.
What Is the Lowest Charge for Drug Possession?
One of the most frequent questions we get about drug offenses is regarding the lowest possible charge for illegal drug possession in Texas. It’s worth noting the charges for possession can vary widely depending on the type and amount of illegal drugs involved. Texas classifies drugs into penalty groups depending on how dangerous the state considers the drug to be, with higher penalty groups bringing higher charges.
Under Texas law, the lowest charge you can expect to face for drug possession is a Class B misdemeanor. However, charges can go as high as a first-degree felony for serious cases.
What Is the Lowest Charge for Drug Dealing?
Like Texas drug possession charges, the charges for drug dealing also cover a range of severity under Texas drug laws. Depending on the penalty group and the amount of drugs dealt by the accused, the charges against them can be as low as a Class B misdemeanor. It’s important to note that this charge is only available for the lowest penalty group when the dealer does not expect payment. This might include giving marijuana as a gift. Charges for drug dealing can be as high as a first-degree felony.
What Are the Charges for Drug Offenses in Texas?
The charges for drug offenses are incredibly complex. This is because the law needs to account for different types of drugs in different amounts, not to mention the different types of offenses. Rather than one set charge for each offense, there are a range of charges that may be brought depending on the specifics of the case. Rather than giving a detailed overview of the charges for each type of case, we can give a range of possible charges. To learn more about what charge you can expect to face, you should consult with a drug charges attorney.
- Possession – Class B misdemeanor to first-degree felony
- Dealing – Class B misdemeanor to first-degree felony
- Trafficking – State jail felony to enhanced first-degree felony
- Manufacturing – State jail felony to first-degree felony
- Paraphernalia – Class C misdemeanor to state jail felony
What Is the Punishment for Drug Charges in Texas?
The punishment you can expect to face for a drug crime will depend upon both your charges and the specifics of your case. The punishments for various charges include:
- Class C Misdemeanor – Fines of up to $500, no jail time, only a fine
- Class B Misdemeanor – Fines of up to $2,000 and up to six months in jail
- Class A Misdemeanor – Fines of up to $4,000 and up to one year in jail
- State Jail Felony – Fines of up to $10,000 and up to two years in jail
- Third-Degree Felony – Fines of up to $10,000 and between two and ten years in jail
- Second-Degree Felony – Fines of up to $10,000 and between two and twenty years in jail
- First-Degree Felony – Fines of up to $10,000 and between five years and life in prison
What to Do If You’ve Been Charged with a Drug Offense
If you’ve been charged with the sale, manufacturing, or possession of a controlled substance in Texas, you could be hit with a serious jail sentence. The good news is that a capable drug charge lawyer can help you defend yourself against your charges. If you’re facing drug charges in Texas, the first thing you should consider doing is calling an attorney. The choices you make now can have an impact on the rest of your life, and it’s important that you have reliable legal advice to guide you. Your attorney can help you find the path forward to either a dismissal or reduced charges.
Your San Antonio Drug Charge Attorney
For Texans facing drug charges, getting help from an experienced drug charge defense lawyer can make a big difference in the outcome of your case, and that outcome can continue to echo throughout the entire rest of your life. That’s what makes it so important that you consider hiring a criminal defense attorney if you’ve been charged with a drug crime.
Those with drug charges in San Antonio can turn to The Law Office of John G. Perez Jr. The team here at the office is committed to helping those charged with drug offenses defend their freedom, and we will fight tirelessly for a dismissal in your case. Let John worry so you don’t have to.