Drug charges in Texas, range from the Class C misdemeanor charge of Possession of Drug Paraphernalia, to the First Degree felony offense of Manufacturing/Delivering a Controlled substance in Penalty Group 1. Different drugs, different charges, and different enhancements, all lead to different consequences, and different results. You need someone who knows the difference.
There are 3 levels of Misdemeanor drug charges, and 4 levels of Felony drug charges in the State of Texas (see the charts below). Depending on the drug you possessed, the amount, and the location of where you were arrested, you may be facing serious jail time. Luckily, being arrested for a crime and being a convicted of a crime are different things. Just because you were arrested and charged with an offense, doesn’t mean that you are guilty.
Officers often times over charge drug cases; attempting to make a person face higher punishment. One example that is used time and time again, is the Drug Free Zone enhancement. If a person is charged with possessing drugs in a drug free zone (ex. within 1,000 feet of a school, daycare, etc.), his offense level is raised by one level. With this enhancement, you are not only facing additional jail time, but you are also facing a higher bond amount. Cops abuse this enhancement, which is why we do the work to determine if a drug free zone actually exists. This is just one example of how police abuse the drug laws in Texas. There are other enhancements that cops also abuse. The bottom line is that you need an attorney that is willing to do the work, to make sure that you are not taken advantage of.
Conviction of a drug offense can result in serious consequences in Texas. If you are convicted of a drug offense, your driver’s license will be suspended, you may incur surcharges, and you will have a conviction on your record. Don’t let the stigma of being a convict follow you around. Hire an attorney that knows the courts, knows the prosecutors, and knows how to fight for you.
MISDEMEANOR PUNISHMENT
LEVEL PUNISHMENT RANGE FINE
Class A Up to 1 year in jail Up to $4,000.00
Class B Up to 180 days in jail Up to $2,000.00
Class C No jail time Up to $500.00
FELONY PUNISHMENT
LEVEL PUNISHMENT RANGE FINE
1st Degree 5-99 years in TDCJ Up to $10,000.00
2nd Degree 2-20 years in TDCJ Up to $10,000.00
3rd Degree 2-10 years in TDCJ Up to $10,000.00
State Jail 180 days-2 years in STJ Up to $10,000.00
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