If you or a loved one were arrested, jailed, and charged, for a criminal offense related to drug possession in Galveston, it’s a serious matter.
Depending on the circumstances of the case, the kind and amount of drugs involved, criminal penalties could lead to decades following a conviction. If you’re in this situation, your best option is talking with attorney Tad Nelson or another equally lawyer in Galveston with experience fighting drug possession allegations as soon as possible. It may be the best decision you can make when dealing with such life changing events.
Understanding Drug Offenses & Texas Law
Crimes involving the possession of drugs in Texas carry a range of sentencing possibilities depending on the types of drug in the possession of the accused, and the quantity of the controlled substance involved in the case.
Controlled Substances/Illegal Drugs fall under a handful of distinct categories based on their perceived dangers and propensity for addiction. The list below offers a clear guideline as to how certain drugs are divided among the drug penalty groups.
- Penalty Group 1 – Cocaine, Heroin, Meth (also known as Crystal Meth), GHB, Ketamine, Oxycodone and Hydrocodone.
- Penalty Group 1A – covers lysergic acid diethylamide (LSD), including its salt products, isomers, and salts of isomers.
- Penalty Group 2 – Ecstasy (MMDA), PCP, Mescaline, Hashish, Mecloqualone and others.
- Penalty Group 3 – Valium, Xanax and Ritalin, Methylphenidate, Phenmetrazine, Glutethimide, Nordiazepam, and others.
- Penalty Group 4 – Compounds containing Dionine, Butorphanol, Motofen, Buprenorphine or Pryovalerone.
The above listed substances, respective to their penalty groups, are only a small snippet of the substances covered by said penalty groups. For more information about drug crimes offenses involving exotic narcotics, and their respective penalty groups, feel free to contact Galveston drug crimes lawyer Tad Nelson by using the contact page or by calling 409-765-5614.
Penalty Group 1
| Quantity | Classification | Penalty |
|---|---|---|
| Less Than 1g | State Jail Felony | 180D - 2Y State Jail |
| 1 - 4g | 2nd Degree Felony | 2 to 20 Years TDCJ |
| 4 - 200g | 1st Degree Felony | 5 to 99 Years TDCJ |
| 200 - 400g | Enhanced Felony 1 | 10 to 99 Years TDCJ |
| Over 400g | Enhanced Felony 1 | 15 to 99 Years TDCJ |
Penalty Group 1A
| Quantity | Classification | Penalty |
|---|---|---|
| Less than 20 Units | State Jail Felony | 180D - 2Y State Jail |
| 20 to 80 Units | 2nd Degree Felony | 2 to 20 Years TDCJ |
| 80 to 4000 Units | 1st Degree Felony | 5 to 99 Years TDCJ |
| Over 4000 Units | Enhanced Felony 1 | 15 to 99 Years TDCJ |
Penalty Group 2
| Quantity | Classification | Penalty |
|---|---|---|
| Less than 1g | State Jail Felony | 180D - 2Y State Jail |
| 1 - 4g | 2nd Degree Felony | 2 to 20 Years TDCJ |
| 4 - 400g | 1st Degree Felony | 5 to 99 Years TDCJ |
| Over 400g | Enhanced Felony 1 | 10 to 99 Years TDCJ |
Penalty Groups 3 & 4
| Quantity | Classification | Penalty |
|---|---|---|
| Less than 28g | State Jail Felony | 180D - 2Y State Jail |
| 28 - 200g | 2nd Degree Felony | 2 to 20 Years TDCJ |
| 200 - 400g | 1st Degree Felony | 5 to 99 Years TDCJ |
| Over 400g | Enhanced Felony 1 | 10 to 99 Years TDCJ |
Additional Drug Possession Penalties
- In cases involving large amounts of drugs there may be some tax consequences as a result of civil penalties which may be applied to your case. If the statute is enforcement then the defendant will need to pay taxes on the drugs involved in your case.
- The Texas Code of Criminal Procedure also allows for the phenomenon known as “asset forfeiture seizure” which is a nice way of saying the police have the right to take ownership of your property if they “feel” the property was used or “intended” to be used during a felony drug offense. This could mean losing your automobile, home, or other property assumed to be involved in a drug enterprise in any way including storage and transport. You do not have to be found guilty to have your assets seized as the asset forfeiture law is a matter of civil litigation.
- The suspension of your Texas Drivers’ License for a period of at least six months is mandatory for individuals convicted of any criminal offense which violates the Texas Controlled Substances Act.
Possession of Drug Paraphernalia
Possession of drug paraphernalia offenses are normally Class C Misdemeanor criminal offenses while a criminal offense of distributing, or attempting to distribute, illegal drug paraphernalia items may result in a Class A Misdemeanor criminal offense. The maximum penalty for such an offense is up to 1 year in jail and a fine of up to 500.00.
Facing Drug Charges in Galveston?
Contact Galveston Defense Lawyer Tad Nelson Today
The State of Texas must prove their allegations beyond a reasonable doubt in the court of law. If law enforcement violated your Constitutional Rights in any way during your arrest or during the coarse of any criminal investigation that may have occurred, we may be able to get the State’s evidence suppressed or get your case dismissed altogether.
Galveston criminal law attorney Tad Nelson have fought drug related charges on behalf of his clients since 1995. As a “Board Certified” criminal law attorney, Galveston criminal justice lawyer Tad Nelson has been vetted as a top-tier criminal defense lawyer. He earned the endorsement of numerous criminal defense lawyers and criminal court judges, in conjunction with extensive testing, prior to being certified in criminal law by the Texas Board of Legal Specialization.
If you need to talk with Tad Nelson, call 409-765-5614.
