Drug Charges Defense Attorney in McAllen, TX

Drug charges have the potential to impact various aspects of your life for years to come. In Texas, drug crimes are associated with severe penalties if convicted. Your career, reputation, and freedom could be on the line. That’s why it’s important to contact a drug charge defense attorney in McAllen, Texas, to fight for your freedom and your future.

As the founder of The Law Office of Aaron Fonseca and a criminal defense lawyer with decades of experience, I care about the outcome of every client’s case. If you or someone you love is facing accusations of a drug crime, you deserve a fair chance to fight against the charges. I represent people accused of drug crimes at all stages of a criminal investigation or prosecution in Edinburg, Mission, McAllen, Rio Grande Valley, and other parts of Texas.

Types of Drug Crime Charges in Texas

Texas Health and Safety Code § 481.002 describes various drug crime charges, including:

• Drug possession. Having a small amount of an illegal drug on your person, in your car, or in your home can lead to drug possession charges.

• Drug use. If you were caught using a controlled substance or abusing a prescription drug, you could face criminal charges for drug use.

• Drug distribution. In the context of drug crimes, distribution refers to delivering a controlled substance to another person or location other than by administering or dispensing the drug.

• Drug sale. Selling an illegal drug for profit (money, favors, bribery, etc.) is also a crime in Texas.

The severity of the punishment for these drug crimes depends on the exact drug offense, the type of the controlled substance or drug, and the amount of the drug, among other factors. Individuals caught manufacturing or distributing illegal drugs can face a federal drug crime charge. Federal charges can lead to steeper fines and longer prison sentences.

Drug Penalty Groups in Texas

Texas courts use the so-called “penalty groups” to establish the appropriate punishment for possessing, using, manufacturing, distributing, or selling drugs. Texas law recognizes six penalty groups:

• Penalty Group 1 (oxycodone, methamphetamine, cocaine, etc.)

• Penalty Group 1A (LSD and its analogs)

• Penalty Group 2 (MDMA, Ecstasy, mushrooms, Tetrahydrocannabinols other than marijuana, etc.)

• Penalty Group 2A (chemical compounds that mimic cannabinoids)

• Penalty Group 3 (Diazepam, Methylphenidate, Alprazolam, etc.)

• Penalty Group 4 (certain prescription medications, opioids, and opiates not listed in Penalty Group 1, etc.)

What Are the Penalties for Drug Crimes in Texas?

Penalties for drug crimes can be found in Chapter 12 of the Texas Penal Code. Penalties depend on:

1. The type of the offense

2. The type of the drug and its Penalty Group

3. The classification of the offense (misdemeanor or felony)

4. The amount of the drug

5. Whether the crime involved minor children

6. Whether the defendant used a weapon when committing the offense

7. Whether the offense caused bodily injury or death to someone else

8. The defendant’s criminal history

In addition to a prison sentence and fines, a defendant convicted of a drug crime in Texas can face the following penalties:

• Community service

• Probation

• Electronic monitoring

• Deferred adjudications

• Mandatory substance abuse treatment

If you are facing drug crime charges, it is vital that you speak with a skilled criminal defense attorney to understand your rights and explore the available defense strategies in your unique case.