Grand Prairie Drug Lawyer
Getting arrested on drug charges could impact your immediate future and may also cast doubt on your long-term options. With a drug conviction on your record, you could lose out on valuable career and educational opportunities.
Seeking legal advice from a Grand Prairie drug lawyer is one of the most effective ways to build a defense against your drug charges. If you are facing any type of drug charges, getting legal representation from a seasoned defense attorney may be your best chance of reaching a positive outcome.
Classification of Drugs
In Texas, the laws for illegal drugs are extremely strict. As dictated by Texas Health and Safety Code § 481.032, The Texas Controlled Substances Act, divides controlled substances into Schedules I through V. To classify a drug, the commissioner of state health services considers the drug’s risk to public health, the scope and significance of its abuse, and its potential for abuse. Schedule I contains controlled substances with the highest potential for abuse and is not acceptable for medical usage whereas Schedule V contains drugs with the least potential for abuse. No matter which illegal drug a person is accused of carrying, a Grand Prairie drug attorney could help them fight their criminal charges.
While federal law maintains marijuana as a Schedule I drug, Texas categorizes marijuana separately from other controlled substances. Any offenses involving the possession or distribution of marijuana generally carry less serious penalties than those related to other controlled substances.
Manufacture and Delivery of a Controlled Substance in Grand Prairie
Texas law refers to the word “deliver” to refer to all and any form of dealing drugs. No matter if money was exchanged, delivery is still a chargeable offense. Attempt to sell is also considered a delivery which is also a chargeable offense. The charges and penalties for the manufacture, delivery, or possession with intent to deliver of controlled substances depends on the penalty group the drug is classified into and the amount of drugs involved.
The Texas Health and Safety code defines the classification and penalty groups for drugs. Under Texas law, there are eight categories of drugs. These penalties for drugs could vary based upon on the severity of the charges. Delivering fewer than one gram of a drug listed in Penalty Group 1 is considered a state jail felony under Texas Health and Safety Code § 481.112. This could result in a sentence of incarceration of 180 days to two years. Possession with intent to deliver 400 grams or more may result in a prison sentence ranging from 15 to 99 years, plus a $250,000 fine. A defendant’s criminal attorney could build an accused person’s defense case.
Charges and Penalties for Possession
Texas Health and Safety Code § 481.115 describes the level of charges and resulting penalties according to the assigned penalty group and the weight of the controlled substance. Those who possess a smaller amount of a drug listed in Penalty Group 1 and/or larger amounts of Penalty Group 2 through 4 could face state jail felony charges. The possession of much larger amounts of controlled substances could result in a life sentence upon conviction.
Marijuana possession offenses are separate from possession offenses for other controlled substances. As dictated by Tex. Health and Safety Code § 481.120, possession of two ounces or less of marijuana is considered a Class B misdemeanor. Possession of large amounts of marijuana is still a serious felony offense that could result in a lengthy prison sentence.
While the possession of small amounts of marijuana for personal usage or informal exchange without payment is relegated to misdemeanor charges, felony charges still may occur when large amounts of the drug are involved. A Grand Prairie drug lawyer could help defendants understand which penalties they may face for drug possession.
Fight Back Against Drug Charges with a Grand Prairie Drug Attorney
Battling a drug charge or many drug charges could be difficult to accomplish without help. Many complicating factors could arise in drug cases, particularly if the charges concern drugs that are both illegal and legal. If you have been charged with a drug crime, it is best to speak to a knowledgeable Grand Prairie drug lawyer. They may assist you in building a robust defense to fight the charges against you. Call today to get started on your case.