Drug Dealing Defense

Texas Drug Dealing Charge Defense Attorney

If you are facing any type of Manufacturing, Delivering, or Possession with Intent to Deliver a Controlled Substance charge, you should contact a Houston criminal defense attorney who will make sure that your rights are protected. Manufacturing or delivering drugs is the charge the prosecution uses to try to convict you for dealing drugs. Drug cases are taken serious in Texas, and you need an aggressive defense lawyer by your side. Punishments for manufacturing, delivering, or possessing with intent to deliver drugs are more sever than simple possession cases. Brittany Carroll Lacayo will fight to achieve the best possible result for your drug charge, which may result in dismissed charges, reduced charges, or minimized punishment.

Penalty Groups

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, and the punishment range you are facing.

Punishments for Manufacturing, Delivering, or Possessing with 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 priso
Fine: Up to $10,000

400 + grams

Enhanced First-Degree Felony

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

 

Punishments for Manufacturing, Delivering, or Possessing with Intent to Deliver Marijuana

PUNISHMENT

Weight

Classification

Punishment

< ¼ ounce, given, not for payment

Class B Misdemeanor

Sentence: Up to 180 days in county jail
Fine: Up to $2,000

< ¼ ounce, for payment

Class A Misdemeanor

Sentence: Up to 1 year in county jail
Fine: Up to $4,000

¼ ounce – less than 5 pounds

State Jail Felony

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

5 – less than50 pounds

Second-Degree Felony

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

50 –less than2,000 pounds

First-Degree Felony

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

2,000 + pounds

Enhanced-First Degree Felony

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

 

LICENSE SUSPENSION

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

FIGHTING MANUFACTURING, DELIVERING, AND POSSESSION WITH INTENT TO DELIVER CHARGES

Brittany Carroll Lacayo will look for problems with the prosecutions case. She will look to see if the drugs should be suppressed because the police violated your rights. She will evaluate whether the search and seizure was lawful, whether you were lawfully detained, whether law enforcement followed the proper procedures, and whether the State has enough evidence to prove the case beyond a reasonable doubt. She may challenge the prosecution’s identification of you as the person who made the delivery. Brittany Carroll Lacayo will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

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 Brittany Carroll Lacayo at 713-504-0506 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.


212 Stratford St. Houston, Texas 77006 | Phone: 713-504-0506 | Fax: 832-442-5033