If you live in Houston and are charged with a drug crime, you may be charged with a felony or a misdemeanor depending on the nature of the substance that you were carrying. Being charged with a felony drug possession can have serious implications for your future. In fact, you may not be permitted to get a job in the career that you want if you have been charged with felony drug possession.
There are five penalty groups that cover illegal drugs in the state of Texas. These exclude marijuana, which is in its own category due to its popularity and medical uses. Almost all marijuana possession charges will be misdemeanors, unless an individual has been arrested for marijuana possession more than four times separately.
The quantity of drugs in your possession also determines whether or not the crime will be charged as a felony. In a lot of situations, the amount of the drug in your possession will actually mean the difference between a felony and a misdemeanor. Possessing less than a gram of cocaine is considered a state felony in Texas, but if a person has more than 400 grams of the substance it is an enhanced first degree felony.
If you have less than 28 grams of the substance Valium, then you should only be charged with a misdemeanor, and having over 28 grams will result in a misdemeanor. Drugs such as cocaine and heroin will always result in felony convictions regardless of the amount possessed. Penalty Group 1 is the most serious of the penalty groups and almost all drugs listed in this group will result in felonies.
Penalty Group 2 primarily concerns hallucinogenic drugs, and Penalty Group 3 encompasses controlled substances like Xanax and Ritalin, to name a few. Penalty Group 4 is the least serious of the penalty groups and normally contains compounds, preparations, or mixture that only possesses a limited amount of narcotic drugs. If you want more information about penalty groups in Texas or how to combat a particular crime, then contact a Houston drug crimes defense attorney today!
