Any skilled Houston drug crimes lawyer will tell you; drug manufacture and delivery is serious criminal offense in Texas. Compared to possession, drug manufacture and delivery is more serious. If a person is caught in the act of manufacturing or delivering drugs, you risk facing felony charges. You should also know that you also don’t have to be caught in the act for you to face these charges. If you are facing such allegations, then you need to seek the legal assistance of an experienced drug charge defense lawyer in Houston for the best chance of avoiding a conviction, which will mean prison. Drug manufacture and delivery charges attract heavy penalties and long jail terms. A skilled defense attorney can help you obtain a favorable result.
Understanding Drug Manufacture & Delivery Charges
They’re Felony Drug Crimes
Different cases have different outcomes. The only way to determine any possibilities is by seeking legal help. The lawyer will assess your situation, and from there you can come up with a plan. You need to know that the manufacture and delivery of drugs in Texas is a felony. However, according to the Texas statute, the penalties depend on the amount of controlled substance in possession as well as the type of substance.
When you are charged with drug manufacture and delivery in Texas, your felony charge could fall under the following; 1st Degree, 2nd Degree, 3rd Degree, and state jail felonies. The penalties for these felonies are listed in Chapter 481 of the Texas Health and Safety Code. Controlled substances include the likes of Cocaine, Marijuana, Meth, and Heroin amongst others. You should know that Marijuana isn’t considered to be a controlled substance in Texas.
Definitions: Drug Manufacture & Delivery
Understanding Texas Law & Drug Crimes
The definition of drug manufacture and delivery isn’t always clear to everyone. Does it mean that when police find drugs in your home, you have the intent of distributing it? There are a couple of things the police look for before charging you for drug manufacture and delivery.
Below is how these terms are defined in Chapter 481 of the Texas Health and Safety Code:
Manufacture of Drugs & Illicit Narcotics
It is the act of preparing, processing, and compounding of controlled substances. Packaging and repackaging is also considered as drug manufacture. Any form of synthesis or extraction of a controlled substance also falls under manufacture. Licensed practitioners are legally allowed to do the latter.
Delivery of Drugs & Illicit Narcotics
This is the act of transferring a controlled substance from one person to another. This can either be through via sale or not. That is money can either be involved or not.
The two charges go hand in hand. Since the Houston Police Department and other Texas law enforcement agencies conclude that if you are manufacturing drugs, you had the intent to deliver them to other persons.
Penalties for Drug Manufacture or Delivery
Contact A Houston Drug Crimes Lawyer for Help!
The penalties for the above charges depend on the group of drugs being discussed. The most severe penalties fall under penalty group 1 or PG1. This includes the most dangerous and harmful drugs. Group mainly consists of opiates and heroin. Penalty Group 2 is for central nervous system stimulants such as Adderall. Penalty Group 3 is for depressants like benzodiazepines and Xanax. Finally, Penalty Group 4 entails drugs that contain nonnarcotic ingredients.
As mentioned earlier, manufacture and delivery of drugs in Penalty Group 1 attracts severe penalties compared to the other groups. The penalties also rise depending on the amount manufactured or delivered. Amounts exceeding 400 grams are regarded as a 1st-degree felony.
Facing drug manufacture and delivery charges in Texas can be stressful and overwhelming. It is why you need a skilled Houston criminal defense attorney to represent you. Moreover, with an experienced drug crimes defense lawyer, you can get a not guilty verdict or a reduced charge depending on your case.