Most criminal offenses in Texas fall into two main categories. Less serious criminal matters result in misdemeanor charges, while particularly severe criminal matters lead to felony charges.
There are certain types of offenses that can produce either misdemeanor or felony charges, depending on the details of the situation. Drug crimes are a perfect example of this phenomenon. Texas state statutes are relatively strict regarding prohibited and controlled substances. However, those accused of simple possession may sometimes face misdemeanor charges. Other times, prosecutors may have adequate justification to accuse a drug defendant of a felony offense.
What situations put a defendant at particular risk of felony charges?
Many drug crimes are felonies
It is easier to list the handful of scenarios where state prosecutors may pursue misdemeanor drug charges against a person than it is to explain the variety of different offenses that may constitute felonies. Drug paraphernalia possession is a misdemeanor. Items clearly intended for drug consumption and tools that have drug residue on them can lead to misdemeanor charges against the person accused of possessing those items.
Drug possession is the only type of drug offense, other than paraphernalia possession, that may lead to misdemeanor charges. There are two main factors that determine whether drug possession is a misdemeanor or a felony.
The first is the type of drug. More serious drugs, such as dangerous narcotics, can justify felony charges even for possession of small amounts. However, drugs classified as less dangerous can produce misdemeanor charges. In cases involving less-harmful substances, the main consideration becomes the overall weight of the drug.
There are strict thresholds for misdemeanor drug charges under Texas state statutes. Different types of drugs carry different charges and penalties based on the overall weight of drugs found by law enforcement professionals.
What options do defendants have?
Prosecutors generally pursue the most serious charges they can given the circumstances. They may pursue a felony whenever possible. They may also pursue multiple charges for a single incident.
Those hoping to avoid a felony conviction when facing drug charges have many different strategies available to them. A defense attorney can sometimes suppress the state’s evidence if there are concerns about police officer conduct.
Negotiating a plea bargain is also frequently an option. Prosecutors may agree to pursue lesser charges in exchange for a guilty plea. They may also take certain penalties off the table during plea bargaining.
The details of the charges at issue determine the best defensive response. Consulting with a criminal defense attorney can help people evaluate their options when they’re facing felony drug charges accordingly.