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The quantity of the drug is important to the penalty for a couple of reasons. The more quantity that a person has, the higher the punishment range. If an individual has anything less than one gram, then it is a state jail felony. The maximum punishment of less than a gram is two years in prison.
If someone possesses between one gram and four grams, then they are looking at a third-degree offense. With a third-degree offense, an individual could be facing up to 10 years in jail. When a person has four to 200 grams of drugs, then they are looking at a minimum of five years and up to life in prison. Any more amount of drugs than 200 grams could carry a minimum of 10 years in jail.
There are various other factors influencing Denton drug penalties, which is why if you are facing drug charges, you should contact an experienced attorney. Call today to find out more information regarding drug charges and see what legal options you may have.
Schedule of Drugs
In Texas, there are penalty groups, which are major factors influencing drug penalties in Denton. Penalty group 1 is the most addictive, most abused drugs, which include methamphetamines, heroin, and cocaine, whether it is crack or powder cocaine. If someone is facing charges in the penalty group 1, then they could be looking at felony charges.
Penalty group 2 includes controlled substances such as hallucinogens or stimulants. Drugs in penalty group 3 would be depressants, such as Valium and Ritalin. Small doses of narcotics would be included in penalty group 4, like codeine mixed in with Tylenol.
Possession of drugs with the intent to distribute can result in a higher punishment. If an individual committed a different crime while having the drugs, then there is the other crime that is charged with more punishment too.
Criminal History
If a person has prior felony convictions, it can eliminate them from any potential probation but it can also create other issues such as enhancing the punishment.
If someone has no criminal history and a penalty group 1 case, and there is no other issue, they are looking at a third-degree felony. That person has a maximum liability of 10 years in prison.
An individual who has already been through the penitentiary would have their penalty enhance to a second-degree felony.
Location of the Drug Crime
The location of where the drug is found can affect the punishment. If the drugs were found in a drug-free zone instead of their house, then it could enhance the penalties for the offender.
A drug-free zone can increase the minimum penalties for the person. For example, if someone gets arrested with between one and four grams of cocaine. They are looking at a minimum of two years in jail if the case is not reduced. If the arrest occurred in a drug-free zone, it would enhance the minimum jail time to seven years. It is also important to know that intent is not necessary with arrests that take place in a drug-free zone.
The drug-free zones were created to protect certain classes and certain people in certain areas from drug dealing. Those people do not want drug dealing and they certainly do not want drug dealing at the school or at the park. The drug-free zones are typically a thousand feet from schools, daycares, and parks. For more information on the factors influencing Denton drug penalties, contact a defense attorney today.