Types of Drug Crimes and Penalties in Texas [2024 Updated]

Drug use and proliferation can have a significant impact on a community, and as a result, it’s one of the things that the government takes very seriously. There are a number of different activities that are considered drug crimes that involve drug activity from production to possession. Here are some of the most common types of drug crimes and penalties in Texas.

Types of Drug Crimes and Penalties in Texas

There are a number of different potential drug-related crimes that one could be charged with in Texas. Generally, these crimes are related to either the possession of drugs, the distribution of drugs, or the manufacture of drugs. There are also potential penalties involved in related aspects, such as the ownership of drug paraphernalia or the ownership of materials involved in the manufacture of drugs with the intent to manufacture them.

The severity of the charges will vary depending on the circumstances. Primarily, the main considerations in determining the severity of the charges are the controlled substance that are involved and the amount of the substance.

With regards to an issue like possession, these factors, along with others, will determine whether the charge is one of two levels of misdemeanors or one of three potential felony levels. However, in the case of something like manufacturing, the relevant factors will determine the level of felony charges in most cases.

The penalties associated with a drug charge are determined by the level of charges. Additionally, if someone is a repeat offender, they can expect stiffer penalties than would be found in the case of a first-time offense. In very minor cases, it may be possible to avoid jail time and instead pay a fine and receive probation for a period of time.

However, in cases where the harshest penalties are given, the convicted could face a large fine and many years in prison.

If you are faced with drug charges and want to understand what you potentially could be sentenced to, it is crucial to speak with a drug crime lawyer who can give you details regarding your circumstances.

What To Do If You Are Arrested on Drug Crime Charges

If you are arrested on drug crime charges, it is vital to handle the situation properly, or else you could inadvertently make your situation worse. For this reason, you want to make sure you stay calm and avoid saying anything that could be later used against you in the prosecution of your case. It is also imperative that you contact a lawyer as soon as possible so that they can begin defending you.

FAQs

Q: What Drug Charges Are Felonies in the State of Texas?

A: There are a number of different drug charges that are felonies in the state of Texas. Manufacture or delivery can often be a felony of varying degrees depending on the amount and kind of controlled substance that is involved. Possession could also be charged as a felony for certain substances and amounts as well, including marijuana.

Additionally, distribution to a minor, possession of chemicals with the intent to manufacture a controlled substance, or possession of some drug paraphernalia could all be charged as felonies, in addition to some others.

Q: What Is a PG 1-B in Texas?

A: A PG 1:1 B in Texas pertains to what drug is involved in a charge and how it is penalized. The ‘PG’ in this case stands for “penalty group.” The controlled substances in Texas are divided into different penalty groups, which impact how much of a drug will need to be in possession or manufactured to qualify for certain charges and penalties. In the case of penalty group 1-B, the substances in question are “fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl.”

Q: Is It Possible to Get Drug Charges Dismissed in Texas?

A: It is possible to get drug charges dismissed in some situations. However, it is important to realize that they will only be dismissed if there is sufficient cause to do so.

One of the most effective means of getting a drug charge dismissed is if there was a violation of your constitutionally protected rights. For instance, a failure to inform you of your Miranda Rights or subjecting you to an unlawful search could lead to a dismissal. There may be other means, and a good criminal defense lawyer could be able to help you if there is cause for dismissal.

Q: What Does a Drug Crime Defense Lawyer Do?

A: A drug crime defense lawyer does a number of important things in service of representing and advocating for those who have been charged with a drug crime. Investigating the circumstances surrounding the arrest gives the lawyer a strong understanding of what their client’s situation is.

Depending on the circumstances, it could be that a plea deal is an option that the accused may want to consider, in which case, their lawyer will negotiate for the strongest deal possible. In other situations, taking the claim to court may be the desired option. If that happens, their lawyer will represent them and put forth a formidable defense on their behalf.

Get Help Defending Against Drug Crime Charges

Drug crimes are taken seriously in Texas, and the penalties can often be significant. Penalties like probation, fines, community service, and prison time are all a possibility, and in the case of repeat offenders, those penalties can be particularly harsh. For those faced with charges, it can be an intimidating experience. However, it’s important to remember that you do have a right to a defense against the charges you face.

Working with the right drug crime lawyer can be critical to ensuring that you take advantage of every opportunity available to you to minimize the impact of the charges. A plea deal may be the right option for some, and for others, making a stand in court could be the right option. Either way, the Law Office of Joseph Ruiz, PLLC, is prepared to help you.

We represent clients facing any kind of drug charges and understand what it takes to mount an impactful defense or negotiate a strong plea deal. For help with your drug crime situation, contact our law office.