Illegal Drug Manufacturing
Drug offenses are serious crimes in Texas, and the punishment for illegal drug manufacturing can be particularly severe. Manufacturing refers to the process of producing, preparing, or compounding a controlled substance. If you are facing charges for manufacturing drugs, it is essential to understand the legal consequences and the possible defenses available to you. Here, we provide a comprehensive overview of manufacturing in drug offenses, including the penalties and defenses available under Texas law.
What is Manufacturing?
Manufacturing is one of the most severe drug offenses in Texas. It refers to the process of producing, preparing, or compounding a controlled substance. Manufacturing typically involves the use of chemical compounds and equipment to create illegal drugs, such as methamphetamine or cocaine. Manufacturing can also refer to cultivating or growing illegal plants, such as marijuana.
Under Texas law, manufacturing drugs is a felony offense. The severity of the punishment will depend on the type and quantity of drugs involved. The prosecution will also consider any aggravating factors. For example, if a manufacturing operation occurs near a school, the penalties will be more severe.
Penalties for Manufacturing in Drug Offenses
The penalties for manufacturing drugs in Texas are severe and can have lifelong consequences. The severity of the punishment will depend on the type and quantity of drugs involved, as well as any aggravating factors. In general, the penalties for manufacturing drugs can include the following:
The imprisonment penalty for manufacturing drugs in Texas is one of the harshest punishments that a person can receive for drug offenses. The length of imprisonment that a person can face will depend on various factors. These include the type and quantity of drugs involved and the defendant’s criminal history. A conviction for manufacturing drugs in Texas carries a mandatory minimum sentence of two years in prison. The maximum sentence for this offense is life imprisonment. A judge may sentence a defendant to life imprisonment if the defendant has a prior conviction for a drug offense. This may also be the case if the manufacturing operation occurred near a school or other specified area. Or if the manufacturing operation caused serious injury or death to another person.
In addition to imprisonment, a person convicted of illegal drug manufacturing can also face significant fines. The amount of the fine will depend on the type and quantity of drugs involved. A person convicted of manufacturing drugs in Texas can face fines ranging from $10,000 to $250,000.
Asset forfeiture is a significant consequence of a drug offense conviction in Texas. It refers to the process by which the government can seize and sell the property and assets of a person who has been convicted of a drug offense. This includes real estate, vehicles, cash, and other assets that the government believes were acquired as a result of drug trafficking or were used to facilitate drug offenses. The asset forfeiture process is separate from the criminal case and can proceed even if the defendant is not convicted of the drug offense.
In some cases, the government may seize the assets before a criminal case is even filed. The government must prove that the assets were involved in or derived from drug trafficking or were used to facilitate drug offenses. If the government meets this burden of proof, the assets will be forfeited. The proceeds from the sale will be used to fund law enforcement efforts.
In addition to these penalties, a person convicted of manufacturing drugs may also face collateral consequences, such as difficulty finding employment or housing. The penalties for manufacturing drugs are severe. That is why it is essential to seek the assistance of an experienced criminal defense attorney if you are facing charges.
Defenses to Manufacturing in Drug Offenses
If you are facing charges for manufacturing drugs, it is essential to understand the defenses that may be available to you. The following are some common defenses to manufacturing in drug offenses:
Lack of intent
Manufacturing drugs is an intentional act. The law requires the defendant to have the intent to produce or prepare a controlled substance. Therefore, if you did not have the intention to manufacture drugs, you may be able to argue that you are not guilty of the offense. For example, if you were manufacturing a legal substance, but the police mistook it for an illegal drug, you could argue that you did not intend to manufacture drugs and therefore should not be convicted of the offense. Proving a lack of intent can be challenging. It often requires the assistance of an experienced criminal defense attorney who can help you build a strong defense.
Lack of knowledge
In addition to intent, the prosecution must prove that the defendant knew or should have known that they were manufacturing drugs or preparing a controlled substance. If you did not know that you were manufacturing drugs or did not know that the substance you were producing was illegal, you might be able to argue that you lacked the knowledge required to be guilty of the offense.
Unlawful search and seizure
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by the government. If the police conducted an unlawful search and seizure, any evidence obtained during the search may be suppressed and not admissible in court. This means that the prosecution cannot use the evidence to prove that you committed the offense of manufacturing drugs. An unlawful search and seizure can occur when the police do not have a warrant or probable cause to search your property. This can also happen when the police exceed the scope of a valid search warrant. Or when the police violate your constitutional rights during the search.
It is essential to work with an experienced criminal defense attorney. They can help you identify and assert the defenses that may be available in your case.
Contact Rosenthal Kalabus & Therrian for Help
Illegal drug manufacturing is a serious offense that can have lifelong consequences. If you or a loved one is facing charges for manufacturing drugs, it is essential to seek the assistance of an experienced criminal defense attorney. The criminal defense lawyers at Rosenthal Kalabus & Therrian have the resources and experience necessary to give your case the immediate attention it requires. Contact us today at (972) 369-0577 for a consultation to discuss your case and learn about your legal options.