If you’ve been charged with a drug crime you need to talk to a drug defense attorney fast. Every choice you make impacts your case. Texas is a state that is known for its harsh stance on drug crimes. If convicted, you could spend time behind bars and be required to pay expensive fines.
A drug conviction also has the potential to ruin your criminal record and affect your ability to apply for certain jobs, and receive loans for housing and higher education. If you were arrested for a drug crime in Harris County, take the first step in building your defense and contact The Benken Law Firm.
Criminal Defense Attorney in Harris County, TX
Being arrested can be a traumatic experience. You probably have many questions such as how long could I spend in prison, or how can I get a drug crime expunged from my record. Brian Benken has the answers.
With over 30 years experience, Brian Benken is a veteran attorney who knows can help you navigate the court process. . Call (713) 223 - 4051 to schedule a free case consultation with The Benken Law Firm today. The Benken Law Firm represents clients all areas throughout Harris County such as River Oaks, Braeswood Place, Willow Meadows, Piney Point Village, the Heights and many more.
Get help and fight your illegal drug possession charge. Our lawyers handle:
- Drug possession charges
- Cocaine charges
- Ecstasy charges
- Meth charges
- Possession of a controlled substance
- Delivery of a controlled substance
Possession is one of the most common drug crimes. All too often, citizens that pose no threat to the community are caught with small amounts of a controlled substance. They end up being a convicted criminal and are forced to spend time in jail and pay hefty fines.
The Texas Controlled Substance Act defines possession of a controlled substance as knowingly or intentionally possessing a substance that is listed under any of the six penalty groups. The only way to can legally possess any of the drugs listed in the penalty groups is if you have a valid prescription.
Drugs are placed into penalty groups based on their risk. For Example, drugs such as heroin, opium, ketamine and cocaine are all classified in penalty group 1 because they posed the greatest risk. Xanax, Valium and peyote are considered less harmful, so they are in penalty group 3. The following are some drugs found in Texas Penalty Groups:
- Penalty Group 1 – The drugs in Penalty Group 1 contain a very high risk of chemical dependency. Notable drugs listed are Cocaine, Oxycodone, and Heroin.
- Penalty Group 1-A – Penalty Group 1-A consists of lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers.
- Penalty Group 2 or 2-A – Penalty Group 2 contains an extensive list of chemicals, but the most notable drugs are synthetic THC and PHP. Many drugs under this group have a high risk for abuse and addiction.
- Penalty Group 3 – Drugs found in penalty group 3 are frequently used in the medical field. Penalty Group 3 drugs include Testosterone, Alprazolam (Xanax), and Clonazepam (Klonopin).
- Penalty Group 4 – Drugs found in penalty group 4 can be used medicinally if by instructed by a professional. Examples include Buprenorphine, which is used in heroin addiction recovery and codeine, used in cough medicines.
Another drug crime under the Texas Controlled Substance Act is delivery of a controlled substance. This crime can include manufacturing, trafficking and the intent to sell. The act broadly defines delivery as the act of delivering. What the charge means is that you indented to deliver a controlled substance to someone else, but the drug was found in your possession.
Similar to possession, delivery is charged based on the amount found in your possession and the penalty group the drug falls under. Penalties can range from a $500 fine to life in prison.
Some of the most commonly used controlled substances are prescription pills. Because these drugs can be legally obtained, most people forget that using prescription drugs that aren’t prescribed to you is illegal. Two of the most common prescription drug charges in Texas are possession and fraud. Unless you have a valid prescription from a licensed physician, it’s illegal in Texas to be in possession of any prescription drugs.
Prescription fraud can include doctor shopping, forging or altering prescriptions. The extent of the penalties will depend on the drug you obtained through forgery. For example, fraudulently obtaining Valium or Xanax is punishable as a third-degree felony. The conviction can entail two to 10 years in prison and up to $10,000 in fines.
Additional Resources for Drug Crimes in Harris County, TX
Texas Controlled Substance Act– Follow this link to read the full text of the Texas Controlled Substance Act. You can learn what crimes the state considers drug crimes, how they’re penalized and which drugs fall into what penalty group. The act can be read on the Texas Constitution and Statutes website.
Substance Abuse Trends in Texas – Read a report about substance abuse trend in Texas. The University of Texas at Austin conducted the report, and it breaks down commonly abused drugs in the state, their threat, usage patterns and diseases related to substance abuse.
Drug Enforcement Administration – Federal Drug Penalties – The Drug Enforcement Administration (DEA) are dedicated to enforcing the controlled substances laws and regulations of the United States. Click the link to view the penalties for trafficking drugs, drug possession and possession with the intent to distribute.
Texas Drug Crime Attorneys
Were you arrested in the state of Texas for a drug crime? If so, take the first step in building your defense and contact The Benken Law Firm. Brian Benken is a proven trial lawyer that will do everything in his power to achieve the best possible outcome for your situation.
Let The Benken Law Firm defend you. Call (713) 223 - 4051 to schedule a free consultation today. Brian Benken represents clients accused of drug crimes in every community across Harris County. Some of the communities include but are not limited to, Montrose, Midtown, West University Place, Rice Military and many others.