Since Texas and the United States government declared a “War on Drugs” in the 1970s, law enforcement and prosecutors have gone after drug-related crimes with a vengeance. In Texas, convictions for drug offenses carry stiff penalties, including fines and jail time. Even a first-time drug possession offense can land you in jail. If you have been accused of a drug crime, you need a skilled criminal attorney experienced in drug charge defense to protect your rights.
Drug crimes are prosecuted in both state and federal courts in Texas. Determining the sentence for a drug offense is complicated and based on numerous factors, including the type of drug in question, the amount of the drug, intention for which the drug was used (e.g., mere possession versus distribution), and the location of the transgression (e.g., a school zone).
Generally speaking, a misdemeanor is a criminal offense punishable by up to one year in county jail. This is a less serious offense than a felony, which is typically punishable by at least one year in state prison. Although misdemeanors may be “less serious” than felonies, they can carry lasting consequences that will affect your life forever. At Rubin Law Firm, PLLC, we take both misdemeanor and felony defense seriously and fight to protect our clients from all such charges and offenses.
Any criminal offense on your record may make it difficult for you to secure a job, find a place to live, or obtain loans. Do not wait to secure the services of a Houston criminal defense lawyer if you or a loved one are dealing with drug allegations or charges.
Drug Crimes Can Include:
- Drug Possession
- Marijuana Possession
- Possession of Cocaine
- Possession of chemicals for manufacturing drugs
- Manufacture of controlled substances
- Cultivation of controlled substances
- Dealing, delivery, importation, or transportation of narcotics
- Drug distribution
- Drug sales
- Drug trafficking
What Factors Influence the Severity of My Drug Charges?
With drug-related charges, specific factors can influence whether you are charged with a misdemeanor or a felony, as well as the penalties you face. These factors include:
- The type of drug allegedly involved. This is one of the primary factors to consider in a drug crime case. Controlled substances, from marijuana to heroin to prescription drugs, are all classified based on their perceived health hazards and potential for abuse.
- The amount of the drug. Though this will vary by case, an incident involving a very small amount of a controlled substance will typically be viewed as possession with lesser penalties. Cases involving large amounts of drugs are more likely to involve more serious charges.
- Your alleged intent with regard to the drug. Based on the evidence, the prosecution may file possession with intent or drug distribution charges, which carry heavier penalties. For example, the penalties for possessing marijuana are generally less severe than the penalties for selling it.
- Whether minors were involved. Giving or selling drugs to minors or committing drug crimes on school properties can result in enhanced penalties.
Drug Crime Defenses Can Include:
- The seized goods were not illegal drugs
- The drugs were not “possessed” by the defendant
- The search and seizure were unlawful
- Your detention was illegal
- You were not read your Miranda rights
- In cases of prescription medication, you had authority to possess the drugs
Houston, Texas Drug Crime Lawyers
If you have been arrested for a drug offense, you should immediately contact an experienced criminal defense attorney to protect your rights. Call Rubin Law Firm, PLLC and speak with a Houston misdemeanor attorney at (713) 354-4915 to discuss your case and to learn more about how we can help.