People facing charges for possessing or distributing controlled substances may end up with some serious penalties. In some states, judges have more leeway in sentencing, but our Texas state laws have sentencing guidelines that can tie their hands. A drug crime attorney can help you understand the rules and how they’re likely to apply in your Longview, Texas case, as well as fight to keep you out of court entirely, if possible.
Texas Drug Penalty Groups
Texas law classifies controlled substances into groups based on their potential for abuse and medical value:
- Group 1: high-risk drugs like heroin, cocaine, and methamphetamine
- Group 2: primarily drugs such as ecstasy and certain hallucinogens
- Group 3: anabolic steroids and some prescription drugs with lower abuse potential
- Group 4: mainly narcotics, with limited quantities of other substances
- Group 1-A: for LSD and derivative compounds
- Group 1-B: fentanyl and any derivative
The classification of the drugs directly affects the charges that will be brought in a drug crimes case. For example, even minimal amounts of Group 1 drugs trigger felony charges, while marijuana, which is treated separately, can trigger anything from a misdemeanor to a felony, depending on the quantity and specifics about the circumstances. Delivery or manufacturing of drugs are offenses that come with more serious penalties than simple possession, even if the amounts of drugs found are the same.
Factors Influencing Sentencing in Drug Crime Cases
Judges do look beyond the penalty group and quantity, and they have some leeway to adjust sentencing, but only within the limits of the law. For example, if someone is accused of delivering “a controlled substance listed in Penalty Group 1A,” they will be charged with a second-degree felony. But the sentencing for that type of felony can be anywhere from just two years in prison to 20, and the fines can go up to $10,000. The judge can also impose some restrictions on parole and tack on more penalties if the person has a long criminal history or if there were children involved.
Mitigating factors can reduce sentences, just as aggravating factors can enhance them. If there’s evidence of substance abuse issues that haven’t been treated, the court might be inclined to allow a defendant to avoid a conviction by completing a probation that includes a treatment program. Prosecutors may also be willing to negotiate plea deals for lesser charges if a skilled defense lawyer can present strong arguments challenging intent. In other words, there’s some flexibility within the guidelines, but the starting point remains tied to the drug’s classification.
The Role of a Drug Crime Attorney
Effective legal representation is always the best way to defend yourself in any criminal case and will have a great deal to do with the outcome. An experienced lawyer knows how to negotiate plea deals and how to craft a case in such a way as to put the defendant in the best possible light. It’s always best to talk to a lawyer early in the process: the faster a lawyer gets started on a defense, the stronger it will be.
If you’re facing drug charges, contact the office of Ryan R. Hill, Attorney at Law, now for a consultation.
