Austin Criminal Defense Blog

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Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.

The Controlled Substances Act covers nearly all the drug offenses in Texas and is codified within the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which might not be applicable in other states.

What are the penalties for a drug conviction in Texas?

Drug offenses are amongst probably the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life like family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will generally consist of a fine and/or a lengthy prison sentence. If you’re charged having a drug related crime, you’ll need to contact the Best Austin Drug Crimes Attorney at the Charles Johnson Law Firm as soon as feasible. The penalties for committing a drug crime can be fairly severe, such as actual prison time, sometimes for numerous years in larger high profile drug instances. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether or not you will acquire a lawyer, rather, it is who you’ll get to represent you at your most vulnerable time.

What types of factors are regarded as in sentences for drug crimes?

In determining the sentence for a drug crime, a Texas court will take into account the following elements:

• The type of drug: The Controlled Substances Act classifies drugs into five “Penalty Groups”, with Group 1 being the most severe. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
• The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in greater sentences.
• The purpose for which the drug is used: Simple possession is usually considered much less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
• Location of the violation: Drug offenses are regarded as more severe if they take place in particular areas, for example near a school or day care center

Another essential factor that a court will think about is whether the drug offense was combined with an additional offense. Many drug offenses are related to other crimes like conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will probably be more severe.

Do I require a lawyer for a drug offense?

Drug offenses are serious and can result in felony charges. Consequently, the services of the top Austin Criminal Defense Attorney Charles Johnson may be crucial when dealing with drug charges. This is particularly accurate if the defendant is involved in numerous or repeat offenses. An experienced lawyer can assist explain the various requirements under Texas drug laws. In the event you or a family members member is charged having a crime in the Austin region, contact us for a free consultation with a effective criminal defense lawyer. We are able to provide compassionate legal counsel, accessibility and personal attention, years of encounter, and aggressive protection of your rights.