October 24, 2017

Drug Charges Defense

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Although drug-related offenses may seem simple, they are often complex and they can have serious implications on your future career, education, and personal life. If you have been charged with a drug-related offense, you should seek advice from a qualified attorney to discuss the particular facts of your case. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Texas divides controlled substances into five penalty groups, and then has category for marijuana.


Penalty Group

Examples
1 Methamphetamine, Cocaine, Morphine, Codeine, Opium, GHB, Heroin, Hydrocodone, and Oxycodone
1A LSD
2 PCP, Ecstasy and Mescaline
3 Xanax, Valium, and Ritalin
4 Compounds which contain Motofen, Pryovalerone, Buprenorphine, or Dionine.

The penalty group and the weight or amount of the drug will determine whether you are charged with felony or misdemeanor possession.

Punishments for Drug Possession

PENALTY GROUP 1
Weight Classification Punishment
< 1 gram State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

1 – less than
4 grams

Third-Degree Felony Sentence: 2-10 years in prison
Fine: Up to $10,000

4 – less than
200 grams

Second Degree-Felony Sentence: 2-20 years in prison
Fine: Up to $10,000
200 – 400 grams First-Degree Felony Sentence: 5-99 years in prison
Fine: Up to $10,000
400 + grams Enhanced First-Degree Felony Sentence: 10-99 years in prison
Fine: Up to $100,000
PENALTY GROUP 1A
Weight Classification Punishment
< 20 units State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

20 – less than
80 units

Third-Degree Felony Sentence: 2 – 10 years in prison
Fine: Up to $10,000

80 – less than
4,000 units

Second-Degree Felony Sentence: 2 – 20 years in prison
Fine: Up to $10,000

4,000 – less than
8,000 units

First-Degree Felony Sentence: 5 – 99 years in prison
Fine: Up to $10,000
8,000 + units Enhanced First-Degree Felony Sentence: 15 – 99 years in prison
Fine: Up to $250,000
PENALTY GROUP 2
Weight Classification Punishment
< 1 gram State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000
1 – less than 4 grams Third-Degree Felony Sentence: 2 – 10 years in prison
Fine: Up to $10,000

4 – less than
400 grams

Second-Degree Felony Sentence: 2 – 20 years in prison
Fine: Up to $10,000
400 + grams Enhanced First-Degree Felony Sentence: 5 – 99 years in prison
Fine: Up to $50,000
PENALTY GROUP 3
Weight Classification Punishment
< 28 grams Class A Misdemeanor Sentence: Up to 1 year in county jail
Fine: Up to $4,000
28 – less than 200 grams Third-Degree Felony Sentence: 2 – 10 years in prison
Fine: Up to $10,000

200 – less than
400 grams

Second-Degree Felony Sentence: 2 – 20 years in prison
Fine: Up to $10,000
400 + grams Enhanced First-Degree Felony Sentence: 5 – 99 years in prison
Fine: Up to $50,000
PENALTY GROUP 4
Weight Classification Punishment
< 28 grams Class B Misdemeanor Sentence: Up to 180 days in county jail
Fine: Up to $2,000
28 – less than 200 grams Third-Degree Felony Sentence: 2 –10 years in prison
Fine: Up to $10,000

200 – less than
400 grams

Second-Degree Felony Sentence: 2 –20 years in prison
Fine: Up to $10,000
400 + grams Enhanced First-Degree Felony Sentence: 5 – 99 years in prison
Fine: Up to $50,000

Punishments for Manufacturing, Delivering, or Intent to Deliver a Controlled Substance

PENALTY GROUP 1
Weight Classification Punishment
< 1 gram State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

1 – less than
4 grams

Second-Degree Felony Sentence: 2-20 years in prison
Fine: Up to $10,000

4 – less than
200 grams

First-Degree Felony Sentence: 5-99 years in prison
Fine: Up to $10,000

200 – less than
400 grams

Enhanced First-Degree Felony Sentence: 10-99 years in prison
Fine: Up to $100,000
400 + grams Enhanced First-Degree Felony Sentence: 15-99 years in prison
Fine: Up to $250,000
PENALTY GROUP 1A
Weight Classification Punishment
< 20 units State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

20 – less than
80 units

Second-Degree Felony Sentence: 2 – 20 years in prison
Fine: Up to $10,000

80 – less than
4,000 units

First-Degree Felony Sentence: 5 – 99 years in prison
Fine: Up to $10,000
4,000 + Units Enhanced First-Degree Felony Sentence: 15 – 99 years in prison
Fine: Up to $250,000
PENALTY GROUP 2
Weight Classification Punishment
< 1 gram State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

1 – less than
4 grams
Second-Degree Felony

Sentence: 2 – 20 years in prison
Fine: Up to $10,000

4 – less than
400 grams
First-Degree Felony

Sentence: 5 – 99 years in prison
Fine: Up to $10,000

400 + grams Enhanced First-Degree Felony

Sentence: 10 – 99 years in prison
Fine: Up to $100,000

PENALTY GROUP 3 & 4
Weight Classification Punishment
< 28 grams State Jail Felony

Sentence: 180 days – 2 years in state jail
Fine: Up to $10,000

28 – less than
200 grams
Second-Degree Felony

Sentence: 2 – 20 years in prison
Fine: Up to $10,000

200 – 400 grams First-Degree Felony

Sentence: 5=99 years in prison
Fine: Up to $10,000

400 + grams Enhanced First-Degree Felony

Sentence: 10 – 99 years in prison
Fine: Up to $100,000


LICENSE SUSPENSION

In Texas, your license can be suspended for up to 6 months following a drug conviction.


POSSESSION OF DRUG PARAPHERNALIA

Under the Texas Controlled Substances Act, Drug Paraphernalia includes any item that can used as a drug processing, packaging, or consumption mechanism. Most drug paraphernalia charges are based on possession of a pipe or a bong. Brittany Carroll Lacayo handles possession of drug paraphernalia cases throughout the greater Houston area. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

PUNISHMENTS FOR DRUG PARAPHERNALIA IN TEXAS

Simple possession of drug paraphernalia is a Class C Misdemeanor, punishable by a fine up to $500. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, punishable by up to a year in jail and up to a $4,000 fine. If the buyer was a minor, a least 3 years younger than the seller, then the sale is a state jail felony and the punishment is 180 days to 2 years in state jail and a $10,000 fine.


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.


Brittany Carroll Lacayo, Houston Criminal Defense Attorney Areas of Practice
DUI/DWI/Drunk Driving Defense Illegal Drug Charges Defense Marijuana Charges Defense
Meth Charges Defense Violation of Probation Charges Defense Assault Charges Defense
Domestic Violence Charges Defense Clear Your Record/Expunge Your Record Criminal Mischief Charges Defense