Heroin is a Schedule 1 drug, according to the Controlled Substances Act. Schedule 1 drugs have no medicinal purpose that’s acceptable and have a high potential for being abused. Heroin is an illegal drug everywhere in the United States. In Texas, you could be charged with a heroin drug offense if you’re caught with the drug.
Drug offenses carry some of the stiffest criminal penalties in Texas. Considering the type of drug and the amount of the drug you’re alleged to have been involved with, you might be sentenced to decades in prison. If you’ve been charged with a heroin drug crime, you’re in dire need of an experienced drug crimes defense attorney.
Types of Texas Heroin Charges
You can be charged with a range of drug offenses related to heroin. In Texas, you could be charged with:
- Possession of heroin – If you’re found or believed to have had a certain amount of heroin on your person or in your possession, you could be charged with possession of heroin.
- Heroin trafficking – You may be charged with drug trafficking of heroin if it’s believed that you transported or imported the drug.
- Delivery, distribution, or sale of heroin – You may be charged with delivering or selling heroin if it’s alleged that you gave heroin to another person, even if there was no exchange of money.
- Manufacturing of heroin – If it’s alleged that you produced, processed, prepared, or otherwise made heroin, you could be charged with manufacturing
- Conspiracy – You could be charged with conspiracy to commit drug trafficking, delivery/distribution, or manufacturing of heroin if it’s alleged that you planned to commit the act with another person. The government doesn’t have to allege that you subsequently committed the offense to charge you with conspiracy. In other words, the person(s) who you conspired with could have actually committed the offense, but you could still be charged with conspiracy to commit the drug crime.
Federal Heroin Charges
Aside from state charges, you could also be charged with a federal drug offense. These crimes are pursued by federal prosecutors. Like the state of Texas, the federal government can charge you with violating federal drug offenses such as:
- Possession
- Possession with the intent to distribute
- Drug trafficking or distribution
- Drug manufacturing
- Conspiracy
Penalties for a Heroin Charge in Texas
The punishment you could face if convicted of a heroin drug offense is contingent upon the type of offense you’re charged with and the amount of heroin that’s alleged to have been involved in the offense. The degree of the felony charge depends on the amount of heroin you’re alleged to have possessed.
Possession of heroin is a felony. Possession of less than a gram of heroin is a state felony. Possession of between one and four grams of heroin is a third-degree felony. Possession of between four and 200 grams of heroin is a second-degree felony. Possession of between 200 and 400 grams of heroin is a first-degree felony. If you’re convicted of possession of more than 400 grams of heroin, you could face either life or up to 99 years in prison and be fined up to $100,000.
The manufacturing or delivery of heroin is also a felony. Delivering or manufacturing less than a gram of heroin is a state jail felony. Manufacturing or delivering between one and four grams of heroin is a second-degree felony. Manufacturing or delivering between four and 200 grams of heroin is a first-degree felony. If you’re convicted of manufacturing or delivering more than 200 grams but less than 400 grams of heroin, you could be sentenced to a minimum of ten years and a maximum of 99 years or life in prison. If you’re convicted of manufacturing or delivering more than 400 grams of heroin, you face between a minimum of 15 years in prison and life or a maximum of 99 years imprisonment. You could also be fined up to $250,000.
A conspiracy drug charge is a felony and could be a first-degree felony.
The following are the potential penalties for each degree of a felony:
- State jail felony – Between 180 days and two years of confinement and a maximum $10,000 fine
- Third-degree felony – Between two and ten years of imprisonment and a maximum $10,000 fine
- Second-degree felony – Between two and 20 years of imprisonment and a maximum $10,000 fine
- First-degree felony – Between five and 99 years (or life) of imprisonment and a maximum $10,000 fine
Contact Us Today
You need serious firepower to go up against the state or federal government when fighting a heroin drug charge. The Collin County criminal defense lawyers of Rosenthal Kalabus & Therrian have experience defending clients against the most serious and complex drug offenses. Call us today at (972) 369-0577 to schedule a free consultation.