Texas is somewhat notorious for responding aggressively to various types of criminal offenses. Even offenses that may no longer constitute criminal activity in another jurisdiction could lead to major consequences in Texas.
Drug policy reform in other states has led to a shift in culture. Reform efforts have also given people unrealistic expectations if they get arrested due to allegations of violating controlled substance laws in Texas. Contrary to what people might assume, the Texas criminal justice system does not have a lenient or forgiving approach to drug crimes. Instead, defendants may find themselves facing very serious charges and harsh penalties.
Many Texas drug crimes are felonies
Although many other states have decriminalized certain types of drug offenses, Texas still treats many drug crimes as felonies. Individuals accused of manufacturing, trafficking or possession with intent to distribute can almost always anticipate facing felony charges.
In some cases involving small amounts and lower-harm substances, simple possession is sometimes a misdemeanor offense. However, many possession charges are felony offenses under current Texas statutes. The exact charges an individual faces and the penalties the courts impose depend on the type of substance or the schedule classification for the drug. The amount of the drugs involved and the prior record of the person accused also influence how the courts handle the case.
In rare scenarios where a Texas drug offense is a misdemeanor, the penalties can range from $500 in fines for a Class C misdemeanor to one year in jail and $4,000 in fines for Class A misdemeanor charges. Felony drug offenses have an even broader range of potential penalties. A state jail felony could lead to up to two years in prison and $10,000 in fines. Felony drug charges can lead to up to 99 years in state custody and $250,000 in fines for a 1st-degree felony charge.
Depending on the circumstances, those accused of drug offenses in Texas may have a variety of defense strategies available to them. Some people can qualify for drug court proceedings because their offense relates to a substance abuse disorder. Others may be able to raise questions about who actually owned the drugs that police officers found.
Discussing what led to an arrest and charges with a skilled legal team can help people understand the potential penalties the courts could impose in the event of a conviction and the different defense strategies they could employ to avoid such an outcome. Texas drug charges often lead to significant financial penalties and incarceration if defendants plead guilty or fail to take charges as seriously as they should.