What Penalties Are Associated With Drug Charges?

Texas takes drug charges very seriously, and both monetary fines and potential jail time are on the table if you have been arrested on drug charges. The best way to protect yourself is to talk to a drug charges attorney immediately. Once you’ve been arrested, exercise your right to remain silent and not discuss your case with the police. Ask to call a lawyer and contact Hoelscher Gebbia Cepeda PLLC at (210) 222-9132.

From a Drug Charges Attorney: Drug Charge Penalties in Texas

The specific charges you face are going to depend on three important factors. First, is this your first offense, or have you been charged before? Second, what type of drug are you being charged concerning? Third, what are the specific circumstances of the incident, including how much of the drug you had, whether you were in a drug-free zone (such as within 1,000 feet of a school), and how you behaved towards the officers making the arrest?

In general, your charge will be classified as a misdemeanor or a felony, and there is nuance within these two types of charges. Misdemeanors are classified as A, B, or C, with Class A being the most serious and having the greatest penalties. The felonies can be first-, second-, or third-degree or state jail felonies. State jail felonies and third-degree felonies are the least serious and first-degree felonies are the most serious.

If you are charged at the lowest level, a class C misdemeanor, you would be facing a fine of up to $500. If you are facing the most serious charge, a first-degree felony, your fine would be between $50,000 and $250,000, and you would be facing a federal prison sentence of at least five years and up to 99.

A class C misdemeanor is the only charge that doesn’t come with at least the potential for jail time, and with misdemeanors, you can be looking at sentences of 180 days up to one year. For lower-level felonies, jail sentences range from 180 days to 10 years. Fines for lower-level felonies are generally up to $10,000. The specifics of your arrest and situation are going to have an enormous say in exactly what penalties you are facing.

FAQs

What If It’s My First Time?

First-time offenders do not necessarily get leniency: it all depends on the circumstances of your charges. For example, if you were in a “drug-free zone,” the court would take the charge very seriously. It also depends on the type of drug you had and how much of it. If you had a large amount of cocaine, you can expect the court to be much less inclined to leniency than if you had a small amount of marijuana, for example.

How Does Texas Consider Drug Types?

If you had less than a gram of what Texas considers “Group 1” drugs, you would typically be charged with a state jail felony. Group 1 drugs include cocaine, methamphetamine, heroin, crystal meth, hydrocodone, magic mushrooms, and many others. If you had anywhere from four to 200g of these substances, it’s a second-degree felony. Anything more than 200g, and it becomes a first-degree felony. There are also additional fines that can be tacked on for particular issues, like having certain types of drug paraphernalia on you with certain drugs.

If you had less than 20 units of a drug in what Texas considers “Group 1-A”, you can be charged with a state jail felony. This group includes ecstasy, PCP, and cannabis. Having 20 to 80 units of the drug makes it a third-degree felony and having 80 to 4,000 makes it a second-degree felony. Over 4,000 units and you’re looking at a first-degree felony.

If you have less than 28g of any drug that Texas considers “Group 3,” you’re charged with a class A misdemeanor. Group 3 drugs include steroids of certain types, benzodiazepines, Valium, or any opioids that are not in Group 1. If you have over 28g but less than 200g, it becomes a third-degree felony. 200g to 400g makes it a second-degree felony, and having more than 400g makes it a first-degree felony. Texas also has a Group 4, which includes all opiates and opioids that are not in one of the other groups. These are mostly prescription medications, and the penalties here are the same as for Group 3.

Finally, Texas will charge you with a class B misdemeanor if you have more than two ounces of marijuana on you. Anything between two and four ounces makes it a class A misdemeanor. If you had four ounces up to five pounds, it becomes a state jail felony. From five pounds to 50lbs, it’s a third-degree felony. 50lbs to 2,000lbs makes it a second-degree felony, and those with more than 2,000lbs are charged with a first-degree felony.

When Can the Police Bring a Charge?

You can be charged with drug possession if the police find drugs on your person, but you can also be charged if the drugs were in a place that you normally control or easily can reach. For example, if there are drugs in your car, in your home, or near your person in someone else’s home at the time the police arrive.

What Civil Penalties Can the State Bring?

The most immediate and life-changing consequences come from the criminal penalties, but the state has other weapons. For example, while it’s not used all that often, the Texas tax code does allow the state to require taxes to be paid on the sale of illegal drugs. This means if they can charge you with being a dealer, they can also charge you with tax evasion if you have more than a certain amount of drugs on you.

The state can also suspend your driver’s license if you’re convicted of any drug charge, and state law also allows the police to seize any property that is used or which they can argue is “intended to be used” in any felony related to drugs. This means if you’re charged with a felony, it’s possible that the state may try to take your car or home if the drugs were found there. Unfortunately, forfeiting your assets is quite common and because this is a civil action and not a criminal charge, it doesn’t require a conviction.

How Do I Protect Myself?

The first thing to do is call a drug charges attorney as quickly as possible. The sooner your attorney gets to work on the case, the better the potential outcome. You can also protect yourself by not saying anything to the police or to the prosecutor’s office without your attorney present.

While staying quiet, also be cooperative. Do not become combative or treat the police with anything less than respect. The more respectful and cooperative you are, the more likely the prosecutor’s office and the courts are to work with you.

How Can My Lawyer Help?

What your lawyer can do will depend on the specific charges and circumstances. A lawyer may be able to challenge the charge itself by showing that you were illegally searched or that your rights were violated in some way. Your lawyer can also help you negotiate plea bargains that may allow you to get a lower charge or avoid jail time.

If you’ve been charged with a drug crime, don’t wait. Contact Hoelscher Gebbia Cepeda PLLC at (210) 222-9132. right away.

Additional Resources

What is the Booking Process in Texas When You Are Arrested?

What Are Common Defenses in a Criminal Case?

What are Major Felonies?