McKinney, TX Drug-Free Zone Defense Attorneys

Lawyers for Drug Crimes in School Zones or Other Protected Locations in McKinney, Texas

When people are accused of drug crimes, they may face serious penalties, including thousands of dollars in fines, multiple years in jail or prison, and a permanent criminal record. The specific charges may depend on whether a person was accused of drug possession, drug manufacturing, drug trafficking, or another offense involving controlled substances, and the penalties will often be related to the substances involved in a case and their quantities.

There are some other factors that could affect drug charges, including the location where an offense allegedly occurred. Drug crimes committed near schools, parks, and other locations associated with children may result in sentence enhancements. Even if a person did not know that they were in a protected area, they may face harsher penalties. At Texas Defense Firm, our lawyers can help clients understand the drug-free zone enhancements that may apply in drug crime cases, and we can advise them on what defense strategies may be used to avoid convictions or reduce the penalties they may face.

Reasons for Drug-Free Zone Enhancements

Enhanced penalties may apply for certain drug offenses that have allegedly been committed in or near locations where children are likely to be present. These provisions in state laws are meant to discourage people from engaging in drug-related activities that could put children at risk. Even if drugs are not sold to children or children are not directly involved in drug crimes, offenses in these areas may put children in danger due to exposure to dangerous substances or violence. Penalty enhancements will generally apply based on whether an offense occurred in a protected location, even if no child was actually present.

Locations That Qualify as Drug-Free Zones

The following locations and the areas surrounding them may be considered to be drug-free zones:

• Public and Private Schools: Elementary school, middle school, and high school campuses are protected. Property owned, rented, or leased by a school or school district will also generally be considered drug-free zones.
• Institutions of Higher Education: Public and private colleges, universities, technical institutes, and junior colleges qualify as drug-free zones due to minors who may receive education at these schools.
• Youth Centers: Facilities that provide recreational activities for children under the age of 18 are protected. These may include athletic facilities, civic centers, cultural centers, or other facilities intended to be used primarily by children.
• Playgrounds: Public parks that contain equipment intended for children are protected. In general, a park will qualify as a protected playground if it has at least three pieces of play equipment like slides, swing sets, or seesaws.
• Swimming Pools and Video Arcades: Public pools where children may swim qualify as drug-free zones. Arcades with at least three video game or pinball machines that are open to the public also fall in this category.
• School Buses: Certain enhancements may apply when an offense allegedly took place on a school bus, regardless of the bus's location at the time of the offense or whether any children were present.

Enhancements will generally apply if a person is accused of a drug crime when they were within 1,000 feet of a school, playground, or youth center or within 300 feet of a swimming pool or video arcade. Residential neighborhoods will often qualify, because they will often be close to elementary schools, middle schools, and playgrounds.

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Increased Penalties That May Apply in a Drug-Free Zone

In many cases involving charges of drug manufacturing or drug distribution, the level of felony will increase by one degree if an offense allegedly took place in a drug-free zone. That is, a state jail felony will increase to a third-degree felony, a third-degree felony will increase to a second-degree felony, and a second-degree felony will increase to a first-degree felony. This can significantly increase the punishment range a person may face, potentially adding years or decades to a prison sentence.

For certain other offenses, including those that allegedly took place on school buses, the minimum sentence will increase by five years, and the maximum fine will be doubled. The specific penalties a person may face will often depend on the discretion of a prosecutor. A strong defense will be needed to challenge potential sentence enhancements and determine how penalties may be reduced.

Challenging a Drug-Free Zone Enhancement

The penalty enhancements a person may face will depend on the precise location of an alleged offense and whether it was close to a drug-free zone. The specific distances and the locations of property boundaries may play a role in how these cases may be handled. Establishing the exact property lines of a school, playground, or other qualifying location and reviewing how distances were measured may show that an enhancement should not apply.

Prosecutors will be required to prove that a person is guilty of a drug crime beyond a reasonable doubt. At Texas Defense Firm, our lawyers can take steps to challenge the evidence in a drug crime case or use other defense strategies to help a person avoid a conviction.

Contact Our McKinney Drug-Free Zone Offenses Attorneys

Because of the increased penalties that may apply when drug charges involve activities that allegedly took place in drug-free zones, it is important to ensure that these issues are addressed correctly during a person's defense. At Texas Defense Firm, our attorneys can provide guidance on the options for defense that may be available, and we will fight to protect our clients' rights as we help them take steps to avoid a conviction or reduce the penalties they may face. Contact our McKinney, TX drug crimes defense lawyers at 972-369-0577 to arrange a free consultation.