Felony vs. Misdemeanor Drug Crimes
Texas considers two factors when determining if a drug crime will be a misdemeanor or a felony: the type of illegal substance and the amount of the substance.
Any amount of heroin, cocaine, methamphetamine, or amphetamine will result in a felony. Possession of marijuana will start as a misdemeanor unless the amount exceeds 4 ounces. If you manufacture, deliver, attempt to deliver, and/or possess with the intent to deliver any type of illegal drug, you will face felony charges.
Due to a rise in prescription drug abuse, Texas law also categorically charges the unauthorized possession of prescription medications under harsher penalties. It is vital to understand these distinctions to prepare effectively for court proceedings.
Categories of Illegal Substances
Under both state and federal law, certain categories of drugs have been named illegal to use, make, manufacture, share, distribute, sell, or possess.
There are seven illegal substance categories in the state of Texas:
- Controlled Prescription Drugs (CPDs)
- Heroin (can also be mixed with fentanyl)
- Fentanyl and other synthetic opioids
- Cocaine
- Methamphetamine
- Marijuana
- New Psychoactive Substances (NPS)
Additionally, possession of certain drug precursors and chemicals used in drug manufacturing is illegal. Understanding these categories can help in strategizing a comprehensive defense plan based on specific charges.
Drug Penalty Groups in Texas
Drugs are divided into four penalty groups in Texas, which determines what type of drug charges and punishments an individual will receive for possession of said illegal substance.
Here are the drug penalty groups, according to the Texas Controlled Substance Act:
- Penalty Group 1: heroin, cocaine, and methamphetamine
- Penalty Group 1-A: LSD
- Penalty Group 2: THC, mescaline, PCP, psilocybin, and ecstasy
- Penalty Group 2-A: Synthetic cannabinoids
- Penalty Group 3: Valium, Xanax, hydrocodone, anabolic steroids, and Ritalin
- Penalty Group 4: Codeine and opium
Each group encompasses varying charges, reflecting the drug's potential for abuse and recognized medical use. Accurately determining the right group is crucial for understanding the legal road ahead.
Penalties for Each Drug Penalty Group
Texas Health and Safety Code defines the punishment ranges for drug penalty groups accordingly.
Group 1 Drug Offenses:
- Possession of less than 1 gram is a state jail felony
- Possession of more than 1 gram but less than 4 grams is a third-degree felony
- Possession of more than 4 grams but less than 200 grams is a second-degree felony
- Possession of more than 200 grams but less than 400 grams is a first-degree felony
- If you are found with more than 400 grams of this drug, you could face life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $100,000 fine
Group 1-A Drug Offenses:
- If the number of drug units is less than 20, this is considered a state jail felony
- If the number of drug units is more than 20, but less than 80, it is considered a third-degree felony
- If the number of drug units is more than 80, but less than 4,000, it is considered a first-degree felony
- Possession of more than 8,000 drug units could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and a fine of up to $250,000
Group 2 Drug Offenses:
- Possession of less than 1 gram is considered a state jail felony
- Possession of more than 1 gram but less than 4 grams is considered a third-degree felony
- Possession of more than 4 grams but less than 400 grams is considered a second-degree felony
- Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine
Group 3 Drug Offenses:
- Possession of less than 28 grams is considered a Class A misdemeanor
- Possession of more than 28 grams but less than 200 grams is a third-degree felony
- Possession of more than 200 grams but less than 400 grams is a second-degree felony
- Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine
Group 4 Drug Offenses:
- Possession of less than 28 grams is considered a Class B misdemeanor
- Possession of more than 28 grams but less than 200 grams is a third-degree felony
- Possession of more than 200 grams but less than 400 grams is considered a second-degree felony
- Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine
The classification plays a critical part in strategizing a negotiation or defense with the prosecution.
Potential Defenses Against Drug Charges in Fort Worth
Defending against drug charges in Texas involves examining the specific circumstances of the case.
Here are some common defenses that your attorney may explore:
- Unlawful Search and Seizure: If law enforcement conducted an illegal search and seizure, violating your Fourth Amendment rights, any evidence obtained during the unlawful search may be deemed inadmissible in court.
- Lack of Possession: To be charged with drug possession, you must have actual or constructive possession of the controlled substance. If you can demonstrate that you did not possess the drugs, it could be a valid defense.
- Lack of Knowledge: If you were unaware that the drugs were in your possession or if you had no knowledge of their presence, it may be a defense. This is particularly relevant in cases where you may have borrowed a vehicle or borrowed an item containing drugs without knowledge.
- Mistaken Identity: If there is a possibility of mistaken identity, where someone else was in possession of the drugs but you were wrongly implicated, it could be a defense.
- Illegal Search Warrant: If law enforcement obtained a search warrant based on false information or failed to follow proper procedures, the evidence obtained through that warrant may be challenged.
- Entrapment: If law enforcement induced you to commit a crime that you would not have otherwise committed, you may have a defense based on entrapment.
- Chain of Custody Issues: The prosecution must establish a proper chain of custody for the seized drugs to ensure that the evidence has not been tampered with. If there are discrepancies in the chain of custody, it may be a basis for challenging the evidence.
- Constitutional Violations: Any violation of your constitutional rights during the arrest or interrogation process could be grounds for a defense. This includes violations of your Miranda rights, such as the right to an attorney.
A meticulous review of your rights and the way evidence was handled can ensure a fair trial. The selection of a defense strategy aligns closely with the unique facts of your case, making it essential to consult with skilled legal professionals. It’s crucial to consult with a Fort Worth drug crime attorney from the Law Office of Law Offices of Mark M. Childress, PLLC to determine the most effective defense strategy based on the specific details of your case.
Drug Diversion in Texas
In Texas, drug diversion refers to a program designed to offer certain individuals charged with drug-related offenses an alternative to traditional criminal prosecution. The program aims to divert these individuals away from the criminal justice system and into rehabilitative services, such as drug education, counseling, and treatment. The goal is to address the underlying issues that led to the drug-related behavior and help individuals make positive changes in their lives.
Many participants in these programs find it challenging to balance the demands of the program with other responsibilities such as work or family. Our attorneys can help ease this burden by assisting with documentation, reviews, or appeals required during this process.
To qualify for drug diversion in Texas, individuals typically need to meet certain eligibility criteria, which can vary depending on the jurisdiction and the specific program.
However, common factors that may influence eligibility include:
- Non-Violent Offense: Drug diversion programs generally target non-violent offenders who are charged with drug possession or related offenses rather than individuals involved in drug trafficking or violent crimes.
- First-Time Offenders: Many drug diversion programs are designed for first-time offenders or individuals with minimal criminal histories. These programs often aim to provide an opportunity for rehabilitation and avoid stigmatizing individuals with more serious criminal records.
- Willingness to Participate: Eligible individuals must be willing to participate fully in the requirements of the drug diversion program, which may include attending counseling sessions, completing drug education courses, submitting to drug testing, and complying with any other conditions imposed by the court.
- Assessment: In some cases, individuals may need to undergo a substance abuse assessment to determine the most appropriate level of treatment or intervention needed to address their needs.
- Agreement to Terms: Participants typically need to agree to certain terms and conditions, such as refraining from further criminal activity, maintaining regular contact with program supervisors, and completing all required programming.
Generally, if an individual successfully completes the program, they may have the opportunity to have their charges dismissed or reduced, potentially avoiding a criminal conviction on their record. However, failure to comply with the program requirements may result in termination from the program and reinstatement of criminal proceedings. In certain cases, alternatives to full program participation may be negotiated or re-evaluated with diligent legal intervention.
Impact of Drug Convictions on Future Prospects
Receiving a drug conviction in Fort Worth can have far-reaching implications beyond just legal penalties. One critical area affected is employment. Many employers conduct background checks, and a drug conviction can significantly impact job prospects. Positions that involve trust, responsibility, or require a clean criminal history might be out of reach. Additionally, a conviction may affect professional licenses, making it difficult for individuals in fields like healthcare, education, or finance to continue their career paths.
The stigma associated with a drug charge could also affect housing opportunities. Landlords often perform background checks and might deny housing to those with criminal records. This limitation can make it difficult for individuals to find stable housing in Fort Worth, adding stress and uncertainty to an already challenging situation. Understanding these potential impacts allows our clients to make informed decisions as they navigate the legal process.
Impacts on Family Dynamics & Child Custody
A drug-related charge or conviction can significantly impact family life, particularly concerning child custody and visitation rights. Fort Worth courts prioritize the child's best interests, and any substance abuse issues may impact custody determinations. Judges may question a parent's ability to provide a stable environment, leading to supervised visitation or restricted parental rights.
Turn to Our Fort Worth Drug Crime Lawyers for Help
For experienced legal counsel in your time of need, you should get in touch with our firm immediately. Drug offenses in Texas are serious, so do not hesitate to reach out to learn more about Texas state law as it pertains to drug offenses and how we can be of service.
Our firm remains dedicated to closely collaborating with clients to uncover every possible angle to ensure a thorough defense, offering round-the-clock communication and support throughout your legal journey.
Contact us online or call us at (817) 497-8148 for help with your drug charges in Tarrant County. Our Fort Worth drug crime lawyers are ready to help.
Drug Crime FAQ
What Should I Do If Arrested for a Drug Crime?
If you are arrested for a drug crime in Fort Worth, it is crucial to remain calm and exercise your right to remain silent. Avoid providing any statements to law enforcement that could be used against you. Request to speak with an attorney and contact a drug crime lawyer from the Law Offices of Law Offices of Mark M. Childress, PLLC. Early intervention can preserve your rights and provide a strategic advantage in handling your case.
How Does Texas Differentiate Between Drug Possession and Distribution?
Texas law distinguishes between drug possession and distribution based on intent and quantity. Possession typically involves having a controlled substance for personal use. In contrast, distribution involves selling or transporting drugs to others. Evidence such as scales, large amounts of cash, or packaging materials can indicate an intent to distribute, leading to harsher penalties. Understanding these differences helps tailor defense strategies effectively.
Can a Drug Crime Affect Immigration Status?
Yes, drug crimes can significantly impact immigration status. Convictions may lead to deportation, inadmissibility, or denial of naturalization. Non-citizens must be vigilant about the legal consequences of a drug charge. It is essential to work with a lawyer who understands both criminal and immigration law nuances to navigate these complex situations effectively.
Are There Any Local Fort Worth Resources for Drug Rehabilitation?
Fort Worth offers several rehabilitation resources for those seeking help with substance abuse issues. Facilities like the Recovery Resource Council and the MHMR of Tarrant County provide counseling, treatment programs, and support for individuals battling drug addiction. Engaging with these services can demonstrate a commitment to recovery, which may positively influence legal proceedings.
What Happens If Drugs Are Found in My Car?
If drugs are discovered in your vehicle, charges can be filed against you, especially if you are the registered owner or driver. The prosecution must prove knowledge of the drugs' presence to secure a conviction. In such scenarios, defenses may focus on lack of knowledge or consent. Consultation with a lawyer is crucial to determine the best approach to your defense.
