Drug Dealing

Legal counsel from criminal defense lawyers in Denton, TX

Texas has a complex method of assigning penalty to illegal drug possession convictions. The Texas Health and Safety Code has five separate groups, each specifying individual drugs and assigning a sliding scale penalty calculation based on amounts. Marijuana is treated separately, making a total of six categories.

Punishment is based on the class of crime, as determined by the type and amount of drug, and range in classification from class C misdemeanors to 1st degree felonies.

There are enhanced penalties that can be imposed by the court for drug offenses committed in drug free zones.  These areas include:

  • schools
  • government offices,
  • arcades,
  • day care centers,

It does not make any difference to the prosecutor whether or not you were aware that you were near a school or other drug free zone. This is a serious matter that must be addressed with professional legal skill if you hope to avoid a felony conviction for possession of an amount of a controlled substance.

Denton Drug Crime Defense Lawyer: Get Help Now

Possession with intent is a serious charge and requires a well-crafted, strategic defense for success. A felony record will follow you for the rest of your life.

If you are charged with possession with intent, contact us immediately.

It takes very little to increase a simple possession charge to a possession with intent charge – it can be based simply on the location where the arrest occurred. The amount of drugs alleged to have been in your possession will also impact the level of the charge you face.

The amount of the controlled substance is the most significant factor in the state’s allegation that you had the intent to sell the drug, but the presence of other evidence may also be taken into consideration. For instance, evidence of drug paraphernalia, such as:

  • scales
  • cash
  • baggies
  • wrapping materials
  • and other similar items,

will support the prosecutor’s case that you intended to sell the drug.

Our criminal defense attorneys at Marsala Law Group are well versed in criminal law and highly experienced in presenting a well-supported and compelling defense case for clients facing charges of possession with intent.

Resources

https://www.smu.edu/StudentAffairs/HealthCenter/Counseling/DrugFreeCampus/TXStateLawPenalties

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.481.htm

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