Some states have drastically modernized their drug statutes in recent years. Texas is not one of them. Texas state statutes still allow for relatively harsh penalties for drugs that other states have legalized or at least decriminalized.
People accused of a number of different drug offenses in the San Antonio criminal courts may be subject to very serious penalties. The specific penalties possible depend on a variety of factors. Generally speaking, the law imposes minimum and maximum punishments for different types of offenses. The presence of aggravating factors, a prior criminal record and even the type of drug involved can influence the penalties possible.
What types of punishments are standard in San Antonio drug cases?
Most drug crimes are felonies
In some states, a large assortment of different drug offenses may technically qualify as misdemeanors rather than felonies. Texas only pursues misdemeanor charges for possession of lower amounts of less-harm drugs.
The law breaks drugs into four different penalty groups. Those accused of possessing less than 28 grams of a drug in Penalty Group 3 or 4 could face a misdemeanor charge. A possession offense involving Penalty Group 4 is a Class B misdemeanor that could carry up to 180 days in jail or $2,000 in fines. Possession of a Penalty Group 3 substance is a Class A misdemeanor. The defendant faces up to a year in jail and $4,000 in fines.
With limited exceptions for less harmful substances, drug offenses are usually felonies in Texas. Possessing larger quantities of lower-risk drugs or any quantity of higher-risk drugs is likely to lead to a felony charge. Delivery, manufacturing or possession with intent is typically also a felony offense.
Possession of small amounts of certain drugs could lead to state jail felony charges. The penalties could include up to two years in state jail and $10,000 in fines. The punishments go up from there. Possessing larger quantities of drugs can lead to more serious felony charges.
Some people even face special first-degree felonies that could carry between five and 99 years in jail and $50,000 in fines. The state also pursues enhanced first-degree felony charges for large quantities when prosecuting possession, manufacturing and delivery charges. Enhanced first-degree felonies can lead to 99 years or life in prison and up to $100,000 in fines.
Reviewing the charges that the state intends to pursue with a skilled legal team is the first step toward understanding possible penalties and developing an appropriate criminal defense strategy accordingly. Defendants accused of drug offenses often need help avoiding jail time and financial consequences that could take years to resolve, and that’s okay.
