Houston Drug Crimes Lawyer for Your Defense

What Are the Penalties for Drug Crimes in Texas?

Drug crimes in Texas can often refer to a wide range of criminal offenses associated with the possession, manufacturing, distribution, or trafficking of illegal drugs or controlled substances. The severity of drug offenses in Texas will vary based on the specific type and quantity of drugs that were involved, as well as the circumstances of the offense. For instance, possessing even a small amount of marijuana for personal use could result in a misdemeanor charge, while the possession of larger amounts of drugs or drugs with a higher possibility for abuse could result in felony charges. It's crucial to talk with a drug crime lawyer in Harris County to make sure you understand these distinctions and how they apply to your situation.

Below are the stipulations and punishments currently designated for drug crimes under Texas law:

Possession of Marijuana:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 5-99 years or LIFE in prison, up to $50,000 fine.

Delivery of Marijuana:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 5-99 years or LIFE in prison, up to $100,000 fine.

Possession of Controlled Substances:

• Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.
• Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

Delivery/Manufacture of Controlled Substances:

• Minimum Punishment:​ 180 days to 2 years in jail, up to $10,000 fine.
• Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

Think about it. Technically, life in prison is still on the books for even just possession of marijuana as a punishment. However, the actual punishment and sentence will depend on various factors involved in the case, such as amounts of confiscated or alleged contraband or other aggravating circumstances.

What Is Penalty Group 2 Drugs in Texas?

There are the following Penalty Group 2 Drugs in Texas:

• Delta-9 Tetrahydrocannabinol (THC), other than marijuana
• Psilocybin (Mushrooms) 
• 3,4 Methylenedioxy-Methamphetamine (MDMA/ Ecstasy) 
• Phencyclidine (PCP)

What Is Penalty Group 3 in Texas?

Penalty Group 3 in Texas refers to controlled substances with a moderate risk of abuse and potential for medical use. Examples include some prescription stimulants (Ritalin), depressants (Xanax, Valium), and anabolic steroids

Possession penalties vary by amount: under 28 grams is a Class A Misdemeanor, while 28-200 grams is a third-degree felony.

Common Defenses for Drug Crime Charges in Harris County

There are multiple defenses that can be used in drug crime cases in the state of Texas.

Some common defenses our drug crime lawyer in Houston can use include:

• Lack of intent or knowledge: If the defendant was unaware that the substance in question was illegal or did not have the intention to possess or distribute the substance.
• Illegal search and seizure: If law enforcement officers acquire drugs or other evidence through an illegal search or seizure, then the evidence may be suppressed, and the case could be dismissed.
• Entrapment: If law enforcement officers influenced the defendant to commit the crime, then the defendant may be able to reason that they were entrapped and, therefore, should not be held responsible.
• Duress or coercion: This defense strategy is used if the defendant was forced to commit the crime under threat of harm or other coercion.
• Medical necessity: If the defendant used or possessed drugs for medical reasons, like to treat a medical condition.
• Insufficient evidence: This strategy could be used if the prosecution does not have sufficient evidence to prove that the defendant executed the crime.

It's important to keep in mind that the legal defenses that may be available in a particular case will be dependent on the specific circumstances. Ultimately seeking the legal advice of a qualified drug crimes defense attorney, such as Alexander J. Houthuijzen, should always be the first priority when faced with drug crime charges in Harris County.

Understanding Your Legal Options With a Drug Lawyer in Houston

Being charged with a drug crime can be a frightening and overwhelming experience. It's important to understand that you have legal rights and options available to you. Exploring these options with a skilled attorney can make a significant difference in the outcome of your case.

Some of the legal options available to you may include:

• Building a strong defense strategy
• Negotiating plea bargains
• Seeking alternative sentencing options
• Challenging the evidence against you

It's crucial to have a knowledgeable and dedicated attorney on your side to help you understand your rights and pursue the best possible outcome for your case. Scheduling a consultation with such a drug crime lawyer in Harris County—and promptly—can help set the right course for your legal journey.

What Should I Expect After a Drug Crime Arrest in Houston?

After a drug crime arrest in Houston or Harris County, you can expect to go through several legal stages, starting with an arraignment where charges are formally presented. The court will determine bail, and then pre-trial hearings will follow. This process can be daunting without legal representation, as it involves numerous legal technicalities and strategic decisions. Working with a knowledgeable drug attorney in Houston can help demystify each step, ensuring you are prepared and informed about your rights and options every step of the way.

Can Drug Convictions Be Expunged in Texas?

In Texas, some drug convictions may be eligible for expungement, particularly for first-time offenders or those convicted of less severe offenses. Eligibility criteria can be complex and depend on factors such as the type of conviction and time elapsed since completion of the sentence. Consulting with a drug lawyer in Houston can help determine if your situation qualifies for expungement and guide you through the necessary legal procedures to clear your record. This outcome can significantly impact future opportunities and personal rehabilitation.

Contact our Houston drug crimes defense lawyer today at (713) 999-3655!