McKinney Drug Crimes Lawyer

Are you facing drug charges in McKinney, TX, and unsure about your next steps? These allegations come with harsh penalties and can seriously impact your future. Contact Texas Defense Firm at (972) 369-0577 to schedule a consultation.

With over 200 years of combined legal experience, our McKinney drug crimes lawyers understand the local courts and how prosecutors handle these cases. We believe everyone deserves a strong defense and clear guidance throughout the legal process.

If you need help with any type of drug-related offense, we’re here for you. 

Why Choose Texas Defense Firm If You’re Arrested For a Drug Crime in McKinney, TX?

Why Choose Texas Defense Firm If You’re Arrested For Drug Crimes

If you’re arrested for a drug crime in McKinney, Texas, trying to face the process alone is never a good idea. Our McKinney criminal defense attorneys stand out by putting people first and treating each case with the attention it deserves.

Here’s how working with Texas Defense Firm gives you an advantage: 

  • Our criminal defense lawyers have been named the best in McKinney.
  • Attorney Jeremy Rosenthal is board-certified in criminal law, and other members of our legal team have been recognized by Super Lawyers. 
  • We have two centuries of legal experience.

No one should let a drug charge define their future. Let our McKinney criminal defense lawyers help you fight back. Reach out to us to arrange a consultation.

Overview of Drug Crimes in Texas

Texas takes drug crimes very seriously, and the state enforces strict laws for both illegal and prescription substances. Charges and penalties depend on the type of drug and the offense itself. Here’s what you need to know about drug classifications and common offenses.

Drug Classifications in Texas

Texas uses a system of drug schedules, based on federal guidelines, to rate the dangers and penalties of different substances. These categories determine how serious a charge can become. 

  • Schedule I: These drugs are considered the most dangerous, with no accepted medical use and a high potential for abuse, like heroin or LSD.
  • Schedule II: These drugs have a recognized medical use but also a high risk for abuse and dependence, such as cocaine and some prescription pain medications.
  • Schedule III: These are medications or substances with a moderate to low risk of addiction, such as anabolic steroids and medications containing codeine (e.g., Tylenol).
  • Schedule IV: These have a lower potential for abuse than the other schedules, and include drugs like Ambien and certain anti-anxiety medications.

Understanding these classifications matters because the more dangerous the drug, the harsher the possible punishment.

Commonly Charged Drug Offenses in Texas 

Commonly charged drug offenses in Texas cover a wide range of activities. Police and prosecutors take these cases seriously, and the specific charge can significantly impact the outcome. Here are drug offenses people often face in Texas:

Illegal Drug Possession

Possession is defined as knowingly holding a drug or simply having control over it. For example, if you have drugs on your person, in your pocket, or in a bag you’re holding, you could be charged for actual possession. 

If drugs are found in a car you’re driving or a locker you have access to, you could still be charged with a crime based on constructive possession principles.  Prosecutors only need to prove that you knew about the presence of the drug and had access to it and control over it. 

Drug Trafficking and Distribution

Trafficking and distribution are more serious than simple possession. These charges apply when someone is caught moving, selling, or planning to distribute controlled substances. Law enforcement looks at the amount of the drug, how it’s packaged, and other evidence like scales or large amounts of cash to build a distribution or trafficking case.  

Drug Manufacturing

Drug manufacturing covers any activity involved in making or producing illegal substances, including growing plants or mixing chemicals to create drugs. This can range from large illegal labs to smaller-scale home production. Even just buying ingredients used to make drugs could get you in serious legal trouble.  

Prescription Fraud

Obtaining prescription drugs through deceit, such as forging prescriptions, seeing multiple doctors, or lying to providers, can result in prescription fraud charges. 

Federal Drug Crimes

While most drug cases are state matters, some cross into federal jurisdiction. This happens when drugs move across state lines, involve large networks, or connect to organized crime. Federal drug charges usually lead to tougher penalties and more complicated trials, making it important to have a lawyer who understands both systems. 

Drug charges in Texas can be confusing, and this is just an overview. If you have specific questions, don’t hesitate to contact us today so we can help you with your case. 

What Are the Penalties For Drug Crimes in McKinney, Texas?

Drug penalties in Texas can be very harsh, with consequences ranging from fines and probation to years behind bars. Less serious offenses may result in misdemeanor charges, while more serious offenses can be prosecuted as felonies with much higher stakes. Below is an overview of possible penalties:

Penalties for Possession of Controlled Substances

For drug possession, the penalties go up as the type and amount of the drug become more serious. Here are some possible penalties for possession:

  • Small amounts of lower-risk drugs are often charged as class B misdemeanors, which can result in up to 180 days in jail and a $2,000 fine. 
  • If you’re caught with 1 to 4 grams of a Penalty Group 1 substance, it’s a third-degree felony, which carries 2 to 10 years in prison and a fine of up to $10,000.
  • If you have between 4 and 200 grams of the substance, the charge increases to a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000.
  • For the largest amounts or most dangerous drugs, it’s charged as a first-degree felony and can lead to life in prison and fines up to $50,000.

Even simple possession charges can carry serious consequences in some cases, so always make sure you speak with a criminal defense lawyer right away. 

Penalties for Drug Delivery or Manufacture

Making, delivering, or preparing drugs to be sold is treated more seriously than simple possession. The punishment depends on both the drug and the amount involved. Penalties range from 180 days behind bars to life in prison, and the fines can go from $10,000 up to a maximum of $250,000 for serious cases. 

Penalties for Drug Trafficking and Distribution

Trafficking charges apply when someone is caught with enough drugs or evidence to show they planned to distribute or transport on a larger scale. If drugs are moved across state lines, federal charges can apply and lead to serious consequences, including jail time of less than one year up to life in prison and fines that can reach $75 million for large-scale federal trafficking rings.

For state cases involving Penalty Group 1 drugs, sentencing ranges from a state jail felony (180 days to 2 years and up to a $10,000 fine) to up to 99 years in prison and $100,000 in fines for the highest-level first-degree felonies. 

If your case involves children or drug-free zones, penalties can increase even more. 

Texas treats drug charges seriously, which makes understanding the possible penalties and having strong legal guidance incredibly important.

What Defenses Can Be Raised If I’m Arrested For a Drug Crime in Texas? 

If you are arrested for a drug crime in Texas, you may feel like your options are limited, but there are several legal defenses that could help your case. Below are some of the most common ones used: 

Illegal Search and Seizure

If law enforcement found drugs through an unlawful search, the evidence could be thrown out after your lawyer files a motion to suppress. If this occurs, the case could fall apart and either be dismissed, or you could be acquitted. 

Lack of Knowledge or Possession

You can’t be convicted if you did not actually know about the drugs or have control over them. If you shared a car, home, or bag and didn’t know drugs were present, this defense may apply. The state has to prove beyond a reasonable doubt that you knew about the drugs and had control over them. Simply being near them isn’t enough for a conviction.  

Valid Prescription 

If you were legally allowed to have the controlled substance, such as having a valid prescription, you can provide proof from your doctor and use this as a defense.  

Every situation is different, and the best way to determine what defense should be used in your case is to speak with a criminal defense lawyer right away.

Schedule a Confidential Consultation With Our McKinney Drug Crimes Lawyers

A single drug arrest in McKinney can threaten your freedom, job, and reputation. If you find yourself in this situation, you need a legal team that knows how to challenge the evidence and push for better outcomes. We bring significant legal experience to all cases we handle, and no situation is too simple or complex for us to handle. Acting early is important as it can change the course of your case. 

If you’re facing charges, contact Texas Defense Firm to schedule a consultation with a McKinney drug crimes attorney.