When confronted with drug-related charges in Texas, particularly the offense of possession with intent to distribute, individuals must grasp the nuances of the state’s legal framework. Possession with intent to distribute in Texas is a serious offense and carries with it hefty fines and jail time.
These charges also include the manufacturing and delivery of drugs.
Based on the type and amount of the alleged substance, the penalties for drug charges can vary. If found guilty, you may be fined up to $250,000 and sentenced to a maximum of 99 years in prison. This is a serious charge that requires a strong and determined legal defense.
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What is a Possession with Intent to Distribute Charge in Texas?
In the state of Texas, the offense of possession with intent to distribute is regarded as a felony. Being found guilty can result in lasting repercussions, including a permanent criminal record, a fine of up to $250,000, and the possibility of being imprisoned for a maximum of 99 years.
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According to Texas Controlled Substance Act § 481.112 et seq. possession with intent to distribute occurs when a person knowingly or intentionally possesses an illegal drug and intends to deliver it or transfer ownership of the drug to another.
For a prosecutor to prove anything beyond possession, it usually means they have to provide the court with evidence that you actually played a role in manufacturing the drugs or that you were preparing to distribute them.
Manufacturing is often easier to prove (if there’s physical evidence, that is). Physical evidence of “manufacturing” can encompass a variety of equipment and material — including anything used to plant, grow, convert, process, test, store, or conceal drugs.
Witness testimony can also be used against you. However, proving that you intended to distribute the drugs can be slightly more difficult for the prosecutor — but only slightly. Anything from weapons to packaging material to excess cash can be used as circumstantial evidence to support the intent to distribute.
IMPORTANT: Possession and possessions with intent to distribute are two separate criminal charges. Possession with intent to sell often carries harsher penalties than mere possession. You need a strong legal defense to combat the charges and the associated penalties. Take the first step towards a brighter future by reaching out to us today at (713) 228-4607 or filling out our online contact form for a free confidential consultation.
Penalties for Possession with Intent to Distribute in Texas
The penalties for possession with intent to distribute, manufacture, and deliver vary depending on the drug’s classification and the quantity involved. Drugs are categorized into different groups under the Texas Controlled Substance Act, and as the drug’s group and quantity increase, the penalties become more severe.
Let’s examine the potential penalties for possession with intent to distribute in each drug group:
Penalty Group 1
- Up to 4 grams: Second-degree felony with up to 20 years in prison and a fine of up to $10,000
- Up to 200 grams: Second-degree felony with up to 99 years in prison and a fine of up to $10,000
- 200+ grams: Enhanced first-degree felony with up to 99 years in prison and a fine of up to $250,000
Penalty Group 2
- Up to 4 grams: Second-degree felony with up to 20 years in prison and a fine of up to $10,000
- Up to 400 grams: First-degree felony with up to 99 years in prison and a fine of up to $10,000
- 400+ grams: Enhanced first-degree felony with up to 99 years in prison and a fine of up to $100,000
Penalty Group 3
- Less than 28 grams: State jail felony with up to 2 years in prison and a fine of up to $10,000
- Up to 200 grams: Second-degree felony with up to 20 years in prison and a fine of up to $10,000
- Up to 400 grams: First-degree felony with up to 99 years in prison and a fine of up to $10,000
- 400+ grams: Enhanced first-degree felony with up to 99 years in prison and a fine of up to $100,000
Penalty Group 4
- Less than 28 grams: State jail felony with up to 2 years in prison and a fine of up to $10,000
- Up to 200 grams: Second-degree felony with up to 20 years in prison and a fine of up to $10,000
- Up to 400 grams: First-degree felony with up to 99 years in prison and a fine of up to $10,000
- 400+ grams: Enhanced first-degree felony with up to 99 years in prison and a fine of up to $100,000
Potential Legal Defenses for Possession with Intent to Distribute Charges
If you are facing a possession with intent to distribute charge in Texas, it is essential to seek legal representation from an experienced attorney. A skilled lawyer can help develop a robust defense strategy tailored to your specific circumstances. Some potential legal defenses for possession with intent to distribute charges include:
Challenging the prosecutor’s proof of intent
Your attorney can question the evidence presented by the prosecution to establish your intent to distribute. Weaknesses in their case or lack of conclusive proof can create reasonable doubt in the minds of the jurors.
Unlawful search and seizure
If law enforcement violated your Fourth Amendment rights during the search and seizure process, your lawyer can argue for the exclusion of unlawfully obtained evidence. This may lead to the dismissal of the case.
Discrediting witness or police testimony
Your attorney can scrutinize the testimonies provided by witnesses or law enforcement officers. Inconsistencies or contradictions in their statements can be used to challenge their credibility and cast doubt on the accuracy of their claims.
How Our Texas Drug Crime Lawyers Can Help
If you or a loved one are facing possession with intent to distribute charges, it is in your best interest to contact an experienced Texas drug crimes attorney for legal assistance.
Jack B. Carroll & Associates should be your first choice when seeking legal representation for drug charges due to the following reasons:
Experience and Expertise
Jack B. Carroll is a highly experienced criminal defense attorney who has successfully defended individuals accused of serious drug offenses. With a focus on identifying relevant legal precedents and a commitment to providing the best defense possible, Jack B. Carroll & Associates have a track record of achieving positive outcomes for their clients.
Comprehensive Drug Charge Defense
Our firm handles a wide range of drug-related cases, from minor offenses involving juveniles to complex cases involving large-scale drug trafficking. We believe that every case is winnable and will work tirelessly to protect your rights and explore all available legal options.
Personalized and Confidential Consultations
At Jack B. Carroll we understand the importance of personalized attention and offer 100% confidential consultations. We will review your case thoroughly, honestly assess its strengths and weaknesses, and provide you with a clear understanding of the potential outcomes and strategies for achieving a successful resolution.
Proven Results
Our firm has a history of obtaining favorable results for our clients in drug cases. By leveraging our knowledge, experience, and strategic defense tactics, we have successfully defended individuals charged with various drug-related crimes.
If you or a loved one are facing drug charges in Texas, do not hesitate to contact the experienced Houston criminal defense attorneys at Jack B. Carroll & Associates. We will work with you every step of the way to provide a strong and effective legal defense to combat the charges and the associated penalties. Take the first step towards a brighter future by reaching out to us today at (713) 228-4607 or filling out our online contact form. We are here to help you fight your case and get the best possible outcome.
Have You Been Charged with Possession with Intent to Distribute in Texas?
If you are facing charges related to possession with intent to distribute, it is crucial to seek the assistance of a skilled attorney who specializes in drug offenses. At Jack B. Carroll & Associates, we have a team of experienced lawyers with a proven track record of successfully defending clients against felony drug charges in Texas.
Our Houston criminal defense attorneys have a proven track record of helping individuals like you rebuild their lives, and we’re here to support you every step of the way.
Take the first step towards a brighter future by reaching out to us today at (713) 228-4607 or filling out our online contact form for a free confidential consultation.