2024 What Drug Charges Are Felonies in Texas?

There are a number of different drug charges that may be prosecuted in Texas. Outside of a few exceptions, the majority of them are felony charges. This is particularly true in the case of drug charges that are related to the manufacture or distribution of a controlled substance. Felonies often come with more severe penalties, and you may be wondering, “What drug charges are felonies in Texas?”

Felony Drug Charges in Texas

To understand why some drug charges are felonies and others are misdemeanors, it’s important to acknowledge the difference between the two forms of charges. Misdemeanors are generally considered to be less serious crimes and are punished less severely. Felonies, on the other hand, are considered to be more significant and almost always involve a multi-year prison sentence.

The majority of drug-related charges in Texas’ health and safety code are some forms of felony charge. This includes some of the charges related to possession, manufacture, distribution, selling, possession of certain materials with intent to manufacture, and even a few drug paraphernalia charges. However, many of these violations also have circumstances where they could be charged with misdemeanors.

In addition to being charged with misdemeanors, there are different levels of felony charges that could involve a particular drug-related violation. The different levels of felonies have increasingly severe potential penalties, with a first-degree felony having a harsher potential penalty than a second-degree felony. The severity of the charges is critical to understanding how the violation might be penalized.

Charging Drug Crimes

There are several different factors that may be involved in determining whether a crime is charged as a felony or not and how severe the felony charges are. One of these considerations is the type of controlled substance that is involved. The law divides controlled substances into different “penalty groups,” and the penalty group that a substance belongs to will play a vital role in determining the severity of the charge.

Additionally, the amount of the substance involved will play a critical role. In particular, this can have a significant impact on something like possession charges where certain substances below a threshold may be a misdemeanor but above could be a felony. Other factors could also be considered, including if the accused is a repeat offender or not.

To understand the particular details of a felony drug crime charge, it’s important to talk with a drug crime lawyer. In addition to helping you understand any charges you may be facing, they can also represent you and make your strongest case in defense against the charges. These issues are taken seriously by the courts, judges, and prosecutors and are penalized severely. That is why it is imperative that you have a talented and experienced lawyer representing you throughout the process.

FAQs

Q: Can Felony Charges Be Reduced to Misdemeanor Charges?

A: Felony charges can be reduced to misdemeanor charges in some instances. Most of the time, this reduction is the result of the accused being willing to accept a plea deal. This involves accepting guilt to a lesser charge and the lesser penalties that come with that charge. In some instances, this could mean moving from a felony to a misdemeanor charge, which has the potential to avoid a lengthy prison sentence.

Q: Do You Need a Criminal Defense Lawyer for Felony Drug Charges?

A: You do not need a criminal defense lawyer for felony drug charges, but it would be unwise to attempt to defend yourself without one. Drug charges are often complex, and defending against them can be particularly challenging. It is important that you work with someone experienced in investigating these kinds of charges and mounting a defense against them.

Additionally, working with someone experienced at negotiating plea deals, and who understands how to work with the prosecution, could get the most beneficial deal for you.

Q: Will A Felony Drug Conviction Result in a Prison Sentence?

A: A felony drug conviction will almost certainly result in a prison sentence. It is possible that probation or parole could be involved with a felony sentence, but those convicted of felony charges should expect an extended time in prison. Enlisting support from a skilled drug crime attorney can help you receive a better outcome in your sentence.

Q: Could Felony Drug Charges Be Dropped?

A: Felony drug charges could be dropped in some instances, although this is a rare outcome. In particular, this is more likely to happen if the prosecution decides to drop the charges as a result of critical evidence to their case being found inadmissible. This is generally something that would occur if the evidence were obtained in a way that violated the rights of the accused, such as the Constitutional protections against unlawful search and seizure.

It is also possible that there could have been an issue with the handling of the evidence, such as breaking the chain of custody.

We Defend Those Facing Felony Drug Charges

We understand how frightening the prospect of facing felony drug charges can be. It can be hard to realize the weight of all that is at stake with the prosecution against you. The courts are supposed to treat you fairly, but it can be difficult not to feel like the scales are tipped against you. This is especially frustrating with the prospect of the significant penalties that you could be facing.

At the Law Office of Joseph Ruiz, PLLC, we understand what you are feeling. That is why we are dedicated to ensuring that our clients are given every fair opportunity that they deserve and are owed. We fight for what is going to be right for our clients, whether that means negotiating an impactful plea deal or making their strongest case in court.

When you need a felony drug crime lawyer, you need to be sure that you have someone with drug crime experience you trust to do right by you and your interests. Contact us today and allow us the chance to discuss how we may go about representing you.