Tyler Texas Criminal Defense Attorney Carlo D'Angelo Represents Texans charged with Controlled Substance Offenses:

Drug Crimes Criminal Defense Attorney Carlo D'AngeloWhen facing drug possession charges in Texas, it's crucial to have an experienced criminal defense attorney by your side to navigate the complexities of the legal system. Tyler, Texas Criminal Defense Attorney Carlo D'Angelo has the expertise to help you understand and defend against the severe penalties that come with drug possession charges.

Understanding Texas Drug Laws and Penalties

Felony drug crimes in Texas are governed primarily by the Texas Controlled Substances Act (TCSA), which categorizes illegal substances into various penalty groups based on factors such as potential for abuse and medical value. The range of punishments for felony drug offenses depends on the specific offense and the penalty group of the substance involved. The following is a summary of the range of punishments for each level of felony drug offense in Texas:

  1. State Jail Felony:
  • Possession of a controlled substance in Penalty Group 1 (PG1) in an amount less than 1 gram or possession of a controlled substance in Penalty Group 2 (PG2) in an amount less than 1 gram.
  • Punishment: 180 days to 2 years in a state jail and a fine up to $10,000.
  1. Third-Degree Felony:
  • Possession of a controlled substance in PG1 in an amount between 1 to 4 grams, or in PG2 in an amount between 1 to 4 grams.
  • Punishment: 2 to 10 years in prison and a fine up to $10,000.
  1. Second-Degree Felony:
  • Possession of a controlled substance in PG1 in an amount between 4 to 200 grams, or in PG2 in an amount between 4 to 400 grams.
  • Punishment: 2 to 20 years in prison and a fine up to $10,000.
  1. First-Degree Felony:
  • Possession of a controlled substance in PG1 in an amount greater than 200 grams, or in PG2 in an amount greater than 400 grams.
  • Punishment: 5 to 99 years (or life) in prison and a fine up to $10,000.

The TCSA also classifies other penalty groups, such as Penalty Group 1-A (PG1-A), which includes substances like LSD, Cocaine, Methamphetamine and Heroin and Penalty Group 3 (PG3), which contains prescription drugs with potential for abuse. Penalties for offenses involving these substances will vary depending on the amount and the specific drug involved.

Community supervision, also known as probation, may be granted as an alternative to imprisonment at the court's discretion. Terms for community supervision vary based on the offense and the individual's circumstances, but usually include requirements like regular reporting to a probation officer, drug testing, and attendance at counseling or treatment programs. Fines may be assessed in addition to, or in lieu of, imprisonment or community supervision.

In summary, felony drug crimes in Texas are classified into different categories based on the type and amount of controlled substance involved. Punishments can range from state jail terms to life imprisonment and include fines and community supervision as part of the penalties. The Texas Controlled Substances Act provides the framework for these classifications and penalties, with offenses and punishments varying across different penalty groups.

Texas has strict laws surrounding the possession, trafficking, distribution, and manufacturing of controlled substances and narcotics. Consequences for violating these laws can include fines, jail time, probation, and loss of a driver's license. It is essential to understand that the information provided here serves as a general guideline only, as drug charge laws in Texas are subject to change. Most violations fall under the Texas Penal Code, the Health and Safety Code, and the Texas Controlled Substances Act. However, various aspects of these laws are used differently depending on the judge and the circumstances of the case.

Misdemeanor drug crimes in Texas are generally less severe than felony drug offenses and carry lighter penalties. These offenses often involve smaller amounts of controlled substances or possession of drugs from the lower penalty groups. Here is a summary of the range of punishments for misdemeanor drug offenses in Texas:

  1. Class A Misdemeanor:
  • Possession of a controlled substance in Penalty Group 3 (PG3) in an amount between 28 to 200 grams, or in Penalty Group 4 (PG4) in an amount between 28 to 200 grams.
  • Punishment: Up to 1 year in county jail and a fine up to $4,000.
  1. Class B Misdemeanor:
  • Possession of a controlled substance in PG3 in an amount less than 28 grams, or in PG4 in an amount less than 28 grams.
  • Punishment: Up to 180 days in county jail and a fine up to $2,000.
  1. Class C Misdemeanor:
  • Possession of drug paraphernalia.
  • Punishment: A fine up to $500.

Note that possession of marijuana has been decriminalized in some jurisdictions in Texas, which means it might be treated as a civil offense, rather than a misdemeanor, depending on the location and amount involved.

Community supervision (probation) may be granted at the court's discretion for misdemeanor drug offenses in Texas. Probation terms vary based on the offense and individual circumstances, but they generally include requirements such as regular reporting to a probation officer, drug testing, and participation in counseling or treatment programs.

In summary, misdemeanor drug crimes in Texas are categorized into different classes based on the type and amount of controlled substance involved. Punishments can range from fines to county jail time, and community supervision may be granted in certain cases.

The Importance of Hiring an Experienced Drug Defense Attorney

Texas has a zero-tolerance policy when it comes to drugs, and penalties are harsh. The severity of the sentence depends on the amount of drugs involved in the crime, with harsher penalties if someone under the age of 21 is involved in receiving the drugs.

Methamphetamine, for example, is a significant problem in Texas. The manufacturing process is dangerous and can be deadly. Law enforcement and judges have taken notice and implemented strict punishments for meth possession. The Texas Controlled Substances Act classifies methamphetamine as a penalty group 1 controlled substance, and possession carries severe penalties based on the amount in possession.

You don't want to face these charges without the right representation. Some criminal defense lawyers may not have a comprehensive understanding of drug possession laws in Texas. When you hire an experienced drug defense attorney like Carlo D'Angelo, you can trust that you have an advocate familiar with the many complex drug statutes in the state.

Don't leave your future to chance. Contact Tyler, Texas Criminal Defense Attorney Carlo D'Angelo today to review your case and discuss any possible defenses you might have.

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