Texas punishes drug crimes severely. The sentence depends on the specific charges and circumstances of your case. Many Texas drug crimes are classified as felonies. However, some drug charges are classified as misdemeanors in Texas. Read below for more information about drug charges that are misdemeanors in Texas.
What Factors Influence Whether a Drug Crime is a Misdemeanor in Texas?
The penalty the court will assess for a drug crime is dependent on various factors, including:
- The seriousness of the crime. Texas considers certain drug crimes to be more serious than others. For example, drug trafficking, drug distribution, and drug manufacturing are considered more serious than simple drug possession.
- The type of controlled substance. Texas categorizes controlled substances into four penalty groups based on their dangerousness and likelihood of leading to addiction. Drugs in a higher penalty group (such as heroin and fentanyl) are punished more severely than drugs in a lower penalty group (such as Valium and Ritalin).
- The amount of the controlled substance. The smaller the amount of drugs an individual is caught with, the more likely that the state will prosecute their crime as a misdemeanor.
- The defendant’s past criminal convictions. If the defendant is a first-time offender, the sentence may be lighter.
Your penalty will likely be increased if a minor was present when the offense was committed or if you used a deadly weapon while committing the crime.
What are Common Misdemeanor Drug Charges in Texas?
Below are three of the most common drug crimes that may be classified as misdemeanors in Texas.
- Drug Possession. An individual is guilty of drug possession if found to have intentionally and knowingly possessed a controlled substance without a prescription. Drug possession offenses can be classified as either a felony or a misdemeanor. According to the Texas sentencing guidelines, drug possession will be punished as a misdemeanor if you were in possession of less than 28 grams of a controlled substance that falls into Penalty Group 3 or 4. All other drug possession offenses will be punished as felonies.
- Marijuana Possession. Texas treats marijuana as its own separate category. It is not a part of any of the penalty groups. Possession of marijuana may be punished as either a felony or a misdemeanor. Per the sentencing guidelines, the crime will be prosecuted as a Class B misdemeanor if you are found in possession of two ounces or less and a Class A misdemeanor if you are found in possession of two to four ounces. Amounts over 4 ounces will be prosecuted as a felony.
- Possession of Drug Paraphernalia. Under Texas law, any item that can be used as a drug processing, packaging, or consumption mechanism is considered drug paraphernalia. Simple drug possession is a Class C misdemeanor. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor.
What are the Consequences of a Drug-Related Misdemeanor Conviction in Frisco?
If you are convicted of a misdemeanor in Texas, you could face fines and/or jail time. There are three types of misdemeanors in Texas.
- Class A Misdemeanor. Class A misdemeanors are punishable by up to one year in jail and/or a fine of up to $4,000.
- Class B Misdemeanor. A Class B misdemeanor is punishable by up to 180 days in jail and/or a fine of up to $2,000.
- Class C Misdemeanor. A Class C misdemeanor is punishable by a fine of up to $500. There is no jail time for Class C misdemeanors.
In addition to fines and jail time, your driver’s license may be suspended for up to six months if convicted of a drug crime in Texas. A misdemeanor offense on your criminal record can also affect your ability to find a job or housing.
What Should You Do If You Have Been Charged with a Drug Crime in Frisco?
If you have been arrested on drug possession charges in Frisco, you should immediately call Philip D. Ray, an outstandingly qualified criminal defense lawyer. Mr. Ray has the experience, courtroom skills, and understanding that every person facing criminal charges deserves to have representing them. As a successful trial attorney, Philip has handled over 1,000 felony cases throughout his career and is very knowledgeable about felony and misdemeanor drug charges.
Philip D. Ray Criminal Defense Lawyer
If you were arrested on drug charges, even drug charges that are misdemeanors, you should immediately reach out to an experienced criminal defense attorney. It is important to hire a criminal defense attorney in Frisco, Texas who will fight aggressively to protect your rights and help you avoid a conviction and a criminal record. Call the Law Office of Philip D. Ray today at (469) 588-6770.