Texas takes opioid drug offenses very seriously. If you have been arrested on an opioid drug offense, immediately contact Frisco criminal defense attorney Philip D. Ray. If convicted, you could face severe penalties.
What are the Types of Opioid Drug Offenses in Frisco?
The two most common opioid drug offenses that individuals are charged with in Frisco, Texas are possession of opioids and possession with the intent to distribute opioids(controlled substances).
- Possession of opioids – An individual can be charged with possession of opioids if they knowingly or intentionally possess opioids without a valid prescription from a doctor.
- Possession with the intent to distribute opioids – An individual can be charged with possession with the intent to distribute opioids if they knowingly or intentionally possess opioids without a valid prescription from a doctor and knowingly intend to distribute the drugs.
What are the Penalties for Possession of Opioids in Frisco?
In Texas, the penalty for drug offenses depends primarily on the type of drug and the amount in your possession. Most opioids (e.g., fentanyl, heroin, methamphetamine, codeine, hydrocodone, and oxycodone) fall into Penalty Group 1. The penalty guidelines for possession of a Penalty 1 opioid are listed below.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 1 gram | State jail felony | 6 months to 2 years | $10,000 |
| 1 to 4 grams | 2nd-degree felony | 2 to 10 years | $10,000 |
| 4 to 200 grams | 1st-degree felony | 2 to 20 years | $10,000 |
| 200 to 400 grams | 1st degree felony | 5 to 99 years | $10,000 |
| More than 400 grams | Enhanced felony 1 | 10 to 99 years | $250,000 |
A limited number of opioids (e.g., benzodiazepines, anabolic steroids, and methylphenidate) fall into Penalty Group 3. If you are convicted of possessing a Penalty Group 3 drug, your penalty will be less severe.
What are the Penalties for Possession with the Intent to Distribute Opioids in Frisco?
Possession with the intent to distribute opioids is punished more harshly than simple possession in Frisco. The penalty guidelines for possession with the intent to distribute opioids that fall into Penalty Group 1 are listed below.
| Possession | Penalty | Incarceration | Maximum Fine |
| Less than 1 gram | State jail felony | 6 months to 2 years | $10,000 |
| 1 to 4 grams | 1st-degree felony | 2 to 20 years | $10,000 |
| 4 to 200 grams | 1st degree felony | 5 to 99 years | $10,000 |
| 200 to 400 grams | Enhanced felony 1 | 10 to 99 years | $100,000 |
| More than 400 grams | Enhanced felony 1 | 15 to 99 years | $250,000 |
You will face a lesser punishment if you are convicted of possessing with the intent to distribute a Penalty Group 3 opioid.
When are the Penalties for Opioid Offenses Enhanced in Frisco?
There are circumstances where the penalties for opioid offenses are enhanced in Frisco. Examples of situations where defendants will be given a sentence that is more severe than the guideline include:
- The ingestion of an opioid the defendant delivered caused serious injury or death;
- A child was on the premises when the defendant committed the crime; and
- The defendant forced a child to participate in the offense.
Experienced Frisco Criminal Defense Attorney Philip D. Ray
If you or someone you know is facing charges of opioid drug offenses, you should immediately contact criminal defense attorney Philip D. Ray. As an experienced criminal attorney and former prosecutor, he will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.