San Antonio Drug Crime Penalty Attorney
Texas Drug Laws and Penalties
Under the Texas Controlled Substances Act, the minimum penalty for a drug offense is a class B/A misdemeanor carrying up to a year in jail and $4k in fines. Additionally, a maximum penalty for a drug offense in Texas is a first-degree felony sentence of life in prison and fines of up to $10k.
If, on the other hand, you are being prosecuted for a federal drug crime, you must be aware of the fact that such crimes are subject to the notoriously harsh minimum mandatory sentencing guidelines. For example, a trafficking offense involving as little as half a kilogram of cocaine is punishable by a minimum of 5 years in prison, with a maximum of 40 years behind bars and up to $5 million in fines.
The sentence that you can receive if convicted of a controlled substance offense in San Antonio depends on a number of different factors. One has to do with whether you are charged with a state offense or a federal offense. Another is the specific type of drugs which are involved in the offense. Finally, the severity of the offense depends in large measure on the quantity of drugs which are found at the scene of the crime.
Drug Schedules and Penalty Groups
Not all drugs are equally dangerous or addictive, and this fact is reflected in the state and federal sentencing for drug crimes. Texas State law assigns each type of drug to one of five different penalty groups, whereas the federal government groups them into five schedules. Crimes involving more dangerous drugs receive tougher penalties.
For example, Schedule I of the federal Controlled Substances Act includes heroin, marijuana, and LSD, Schedule II includes cocaine and oxycodone, while Schedules III and lower include substances such as anabolic steroids, benzodiazepine sedatives, and cough medicines.
Quantity of Drugs
Crimes involving relatively small amounts of a drug are not punished as severely as are those which involve large quantities. If, for example, your arrest was for possession of less than 2 ounces, the maximum penalty you can receive would be 180 days in jail and a fine of $2,000, whereas an arrest for between 2 and 4 ounces is punishable by up to a year in jail and $4,000 in fines. The penalties rapidly increase for greater and greater quantities, up to the level of 99 years in prison and a $50,000 fine for possession of more than 2,000 pounds of cannabis.
Reliable Legal Counsel Against Drug Crime Penalties
When you come to the Law Office of Kerrisa Chelkowski for help, I will be ready to fight for you as your San Antonio criminal defense lawyer. You can greatly increase your chances of successfully fighting the charges by hiring a San Antonio drug crime attorney with prosecution experience.
Whether you are facing misdemeanor possession charges or are under investigation for a felony drug trafficking offense, I know that your future is at stake. I want to help you avoid the enormous penalties you could face, and I am ready to take immediate action on your behalf.