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Secretos del sistema de justicia penal de Texas y sus derechos
The penalty that is applicable to drug crimes in Texas depends in part on the controlled substance involved in the crime. Most controlled substances other than marijuana are listed in a “penalty group.”
Being charged with any type of drug offense is a trying time for anyone, but you do not have to face it alone. Contact one of the drug lawyers from Texas Criminal Defense Group and you can discuss your case with us to figure out the next best steps to take going forward.
Drugs in Penalty Group 3
Many of the controlled substances in Penalty Group 3 are generally classified as depressants. Many of those are barbiturates. Among the drugs that fall within Penalty Group 3 are:
- Diazepam (Valium)
- Methylphenidate (Ritalin)
- Lorazepam (Ativan)
- Alprazolam (Xanax)
- Clonazepam (Rivotril)
- Pentobarbital
- Amobarbital
Other drugs in Penalty Group 3 include:
- Peyote
- Anabolic steroids
Different penalties apply to possession of a controlled substance than the penalties that apply to delivery, possession with intent to deliver, or manufacturing a controlled substance. Regardless of the crime, however, minimum sentences apply to crimes involving large quantities of drugs listed in Penalty Group 3.
Delivery, Possession With Intent to Deliver, or Manufacturing
The potential penalty for delivery, possession with intent to deliver, or manufacturing a controlled substance in Penalty Group 3 depends on the weight of the controlled substance involved in the crime. Read our article on Weighing Controlled Substances to better understand how weight is determined.
- Less than 28 grams. The crime is a state jail felony. Punishable by a state jail sentence of not less than 180 days or more than two years.
- At least 28 grams but less than 200 grams. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
- At least 200 grams but less than 400 grams. The crime is a first-degree felony. Punishable by a prison sentence of not less than five years or more than 99 years, or by a life sentence.
- 400 grams or more. The crime is punishable by a prison sentence of not less than 10 years or more than 99 years. Or by a life sentence.
Enhancement for Injury or Death
If death or serious injury results from the ingestion of a controlled substance that the defendant delivered, the offense is increased by one degree unless —
- the offense is a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
Enhancement for Crimes Involving Children
Si en la comisión del delito se utilizó a una persona menor de 18 años, el delito se incrementa en un grado a menos que...
- the offense is a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
If a person under the age of 18 was made to participate in the offense by the use or threat of force, the offense is a first-degree felony unless —
- the offense is already a first-degree felony, or
- the maximum sentence for the crime is life imprisonment.
Higher maximum penalties may also apply if the crime involved delivery to a child.
Simple Possession Penalties
The potential penalty for possession of a controlled substance listed in Penalty Group 3 depends on the amount of the drug that was possessed.
- Less than 28 grams. The crime is a Class A misdemeanor. Punishable by a jail sentence of not more than one year and/or a fine.
- At least 28 grams but less than 200 grams. The crime is a third-degree felony. Punishable by a prison sentence of not less than two years or more than 10 years.
- At least 200 grams but less than 400 grams. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
- 400 grams or more. The crime is punishable by a prison sentence of not less than five years or more than 99 years. Or by a life sentence.
Contact a Drug Attorney Today
Most crimes involving drugs listed in Drug Penalty Group 3 are felonies, but any drug charge can have a serious impact on your life. You should be represented by an experienced drug defense attorney from Texas Criminal Defense Group if you are charged with a Texas crime involving anabolic steroids or any other drug.
Para obtener más información sobre este tema por favor póngase en contacto con nuestros expertos del Grupo de Defensa Penal de Texas en (866) 557-4343 oa través de nuestra página de contacto.