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San Antonio Drug Crime Lawyer
Drug Defense Lawyer in San Antonio
If you or a loved one are facing drug crime charges in San Antonio, you need a knowledgeable and dedicated San Antonio drug lawyer if you want to protect your rights and your freedom. Drug crimes carry severe penalties in Texas, where the prosecution does not have much sympathy for drug charges; you’ll often face hefty fines and long prison sentences before you’re released and forced to adapt to life as a felon. Without the right legal strategy and defense, you could face life-changing consequences that can affect you (and your family) for years to come.
Whether you are dealing with charges related to the possession, distribution, or manufacturing of controlled substances in San Antonio, our team at Guzman Law Firm has the experience necessary to challenge the prosecution and protect your rights. As dedicated San Antonio drug crime lawyer, we understand the complexities of drug laws in Texas and will work tirelessly to build a strong defense on your behalf.
Don’t face this battle alone — call Guzman Law Firm today at (956) 516-7198 and take the first step towards securing a robust defense.
Types of drug crimes in Texas
Drug crimes in Texas can range from simple possession of marijuana to more serious offenses such as trafficking or manufacturing narcotics. The severity of the charges and potential penalties will depend on various factors, including the type and amount of drugs involved, the intent of the accused, and any previous criminal history.
Some common types of drug crimes in San Antonio include the following, almost all found in Texas Health and Safety Code § 481:
- Simple possession: This involves knowingly having a controlled substance in your possession without a valid prescription or legal authorization. This is covered under Texas Health and Safety Code § 481.115 to 118 (learn more about first-time drug possession charges in Texas).
- Possession with intent to distribute: The sale or transfer of illegal drugs is considered distribution. This can also include sharing drugs with friends or acquaintances. This is addressed under Texas Health and Safety Code § 481.112 to 114.
- Drug trafficking: The transportation or sale of large quantities of drugs is known as trafficking and carries more severe penalties than distribution. Trafficking is extensively covered under Texas Penal Code § 481.112 for Penalty Group 1 substances but involves more significant quantities, as well as enhancements related to organized crime under Texas Penal Code § 71.02.
- Manufacturing: Producing, cultivating, or creating controlled substances is considered manufacturing and can include operating a meth lab or growing marijuana plants. This is outlined in Texas Health and Safety Code § 481.112 for Penalty Group 1 substances and corresponding sections for other penalty groups (Texas Health and Safety Code § 481.113 and § 481.114).
In addition to these specific charges, there are also enhanced penalties for drug crimes committed near schools, parks, or other designated drug-free zones, as stipulated in Texas Health and Safety Code § 481.134.
Penalty groups and associated penalties
In the Texas Controlled Substances Act, the state categorizes controlled substances into several Penalty Groups, each with its own set of associated penalties:
- Penalty Group 1: Includes drugs like cocaine, heroin, and methamphetamine.
- Penalty Group 2: Includes substances like ecstasy and PCP.
- Penalty Group 3: Encompasses drugs like anabolic steroids and certain prescription medications.
- Penalty Group 4: Includes certain prescription medications that contain small amounts of narcotics.
Additional considerations
In addition to the basic penalties, the circumstances of the offense can lead to enhanced punishments. For instance, drug offenses committed in a drug-free zone, such as near schools or playgrounds, can result in double penalties. Moreover, having prior convictions or being found in possession of large amounts of cash or firearms at the time of arrest can also intensify the severity of the penalties.
If you’re facing charges for any sort of drug-related offenses, you need the best lawyer for drug charges you can find. A skilled drug defense lawyer will be familiar with the intricacies of drug laws and can help you navigate the legal system to achieve the best possible outcome for your case.
Drug crime penalties and punishments in Texas
Penalties for drug crimes in Texas are severe and can vary significantly based on the type and quantity of the substance, as well as the nature of the offense. Under Texas law, drug crimes can be classified as misdemeanors or felonies, with felonies carrying substantially harsher penalties.
Penalties for the different types of possession charges in Texas are as follows:
Charge | Offense | Maximum fine | Jail time |
Class C misdemeanor | Possession of drug paraphernalia | $500 | N/A |
Class B misdemeanor | Possession of marijuana (0 – 2 oz) | $2,000 | 0 – 180 days in jail |
Class A misdemeanor | Possession of marijuana (2 – 4 oz) | $4,000 | 0 – 1 year in jail |
State jail felony | Possession of marijuana (4 oz – 5 lbs) Possession of 0 –1 gram Penalty Group 1 drug | $10,000 | 6 months – 2 years in jail |
Third-degree felony | Possession of marijuana (5 – 50 lbs) Possession of 1 – 4 grams Penalty Group 1 drug | $10,000 | 2 – 10 years in prison |
Second-degree felony | Possession of marijuana (50 – 2,000 lbs) Possession of 4 – 200 grams Penalty Group 1 drug | $10,000 | 2 – 20 years in prison |
First-degree felony | Possession of 200 – 400 grams Penalty Group 1 drug | $10,000 | 5 years – life in prison |
Enhanced first-degree felony | Possession of over 400 grams Penalty Group 1 drug | $10,000 | 10 years – life in prison |
Continue reading about penalties for drug trafficking in Texas, as well as other drug-related charges.
How to beat drug charges in Texas
If you are facing drug charges in San Antonio, hiring a knowledgeable drug crime attorney is your best strategy for a successful defense. A skilled attorney will meticulously examine the specifics of your case and develop the most effective defense approach.
Some common defenses that a proficient lawyer for drug charges might employ include:
- Unlawful search and seizure: If law enforcement officers illegally search and seize evidence, the evidence may be inadmissible in court.
- Lack of possession: If the prosecution fails to prove that you had actual or constructive possession of the drugs, the charges could potentially be dropped.
- Entrapment: If law enforcement coerced or pressured you into committing a drug crime, this can serve as a valid defense.
- Duress: If you were forced to commit a drug-related offense under the threat of harm or violence, this can also be used as a defense.
Given the serious consequences of drug charges, you must hire an experienced criminal lawyer in San Antonio to ensure your rights are protected and to provide you with the best chance of a favorable outcome.
Charged with a drug crime in San Antonio? Javier Guzman is ready to defend your freedom.
Having a qualified and experienced lawyer from a reputable drug possession law firm by your side is crucial when facing drug charges in Texas. The state of Texas has strict laws and harsh penalties for drug offenses, making it essential that you have a skilled legal representative in your corner who can fight back against the accusations.
Javier Guzman, founding attorney of Guzman Law Firm, is a highly skilled federal criminal attorney in San Antonio with extensive knowledge of Texas drug laws and a proven track record of successfully defending his clients facing high-stakes criminal charges.
He has experience fighting on his client’s behalf in serious federal cases and winning them. Whether you need a criminal defense attorney in San Antonio or a lawyer for human smuggling in San Antonio, Javier can get you the help you need. Let Javier Guzman craft a personalized defense strategy that addresses the individual circumstances of your case and defend your life from those who would take it away.
Call Guzman Law Firm today at (956) 516-7198 or contact us online to begin building your defense today!
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