San Antonio Drug Crimes Attorney
Experienced Attorneys for Drug Crimes in San Antonio, Texas
Drug crimes in Texas encompass a wide range of offenses, from simple possession to manufacturing and trafficking. Depending on the amount of drugs or controlled substances involved; the type and nature of drug crime; and the offender’s criminal history, penalties can range from extended jail sentences to high fines. If you have been charged with any drug crime, allow the San Antonio drug crimes attorneys at Thornton Criminal Defense to help protect your rights with experienced legal representation.
In Texas, the Controlled Substances Act (CSA) governs drug offenses. The CSA classifies drugs into Schedules I-V, with Schedule I substances considered to have the highest potential for abuse and addiction. Penalties under the CSA depend on both the type of controlled substance involved as well as the amount that was in possession.
Drug crimes in San Antonio, Texas can range from misdemeanor offenses and carry a maximum sentence of up to one year in jail, to felony offenses that are punishable by extended prison sentences.
In addition to criminal penalties, those convicted of drug crimes in Texas may also face additional consequences. These include professional license revocation or suspension, loss of voting rights and eligibility for federal student aid, among others.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Possession and Distribution of Controlled Substances
In Texas, it is illegal to possess or distribute controlled substances without a valid prescription. Possession and distribution of Schedule I-V drugs can result in both criminal and civil liability.
For drug possession charges, the amount of the substance found determines whether an offense is a felony or misdemeanor. Generally speaking, possession of less than one gram of a substance is considered a state jail felony, with penalties including up to two years in state jail and fines of up to $10,000. Possession of larger amounts is considered a felony, with penalties ranging from five to 99 years in prison as well as heavy fines.
Distribution or sale of controlled substances can result in even harsher penalties. Depending on the type and amount of drug sold or distributed; whether the offense involved minors; any previous convictions; and other factors, those convicted may face sentences of up to life in prison.
Drug Manufacturing and Trafficking
Drug manufacturing and trafficking are some of the most serious drug crimes in Texas, with penalties including hefty jail sentences and large fines. The manufacture or delivery of a controlled substance without a valid prescription is considered a felony offense. Depending on the type and amount of drug involved; whether minors were involved; any previous convictions; and other factors, those convicted may face sentences ranging from two to life in prison as well as heavy fines. Contact our San Antonio drug crimes lawyer if you have been charged with any of these crimes.
Prescription Fraud and Forgery
Prescription fraud and forgery are criminal offenses in Texas, and those convicted can face severe consequences. Prescription fraud occurs when someone obtains or attempts to obtain drugs by deception or subterfuge. This could involve presenting a false prescription, forging a doctor’s signature on an existing prescription, using another person’s information to obtain drugs, or altering a legitimate prescription.
Forgery of documents related to prescriptions is also considered a crime in Texas. This could include forging signatures on a prescription order form or changing the drug dosage or quantity without authorization from a physician.
Penalties for these types of offenses vary depending on the amount of controlled substance involved as well as any previous convictions. Generally speaking, penalties range from two to 99 years in prison, and heavy fines.
Punishment Ranges
| Level of Offense | Potential Incarceration | Potential Fine |
| First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
| Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
| Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
| State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
| Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Penalties for Drug Crimes in Texas
The penalties for drug offenses in Texas can vary depending on the type and amount of drug involved as well as any previous convictions. Generally speaking, misdemeanors carry a maximum sentence of one year in jail and/or fines of up to $4,000 while felonies can involve sentences ranging from five to 99 years or life in prison as well as hefty fines.
In addition to criminal penalties, those convicted of drug crimes in Texas may also face additional consequences such as loss of voting rights; professional license revocation or suspension; forfeiture of property; and lack of eligibility for certain government benefits such as federal student aid.
In Texas, there are enhancements for prior criminal history and prison sentences. If you have been to prison once before, your punishment range can be enhanced up to one degree. If you have been to prison twice, you could be facing 25 years to life in prison if convicted. It is important to consult with an experienced San Antonio drug crimes lawyer if you are arrested and charged with any type of drug crime in Texas.
Defenses to Drug Charges in Texas
A person charged with a drug-related offense in San Antonio has the right to challenge the evidence and build a defense. Depending on the specifics of your case, you may be able to present defenses such as lack of knowledge, entrapment, or a violation of your constitutional rights. If you hire the San Antonio drug crimes lawyers at Thornton Criminal Defense, we can evaluate your situation and help develop a strategy for mounting an effective defense.
In addition, if you are facing charges related to prescription drugs, it is also possible to challenge the validity of any prescription or document that was presented at the time of arrest. Thornton Criminal Defense can advise you on how best to proceed in these types of cases.
Schedule a Free Consultation with our San Antonio Drug Crimes Lawyer Today
With so much at stake, it is important to seek legal advice as soon as possible if you are charged with a drug crime in Texas. We can help ensure that your rights are protected and provide guidance on the best course of action for resolving your case. You may be able to avoid conviction or get the charges reduced or dismissed altogether. Contact us today for a free consultation!
