Drugs / Narcotics Charges Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Contact the Law Offices of Richard C. McConathy nowadays at ( 972 ) 233-5700 for a consultation about your alleged Drugs / Narcotics Charges in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Attorney Richard McConathy is knowing in all areas of Texas ’ drug laws and will make every feat to fight the allegations against you. Call Law Offices of Richard C. McConathy for a free reference at ( 972 ) 233-5700 about your alleged drug crime .
Dallas Controlled Substance Penalty Groups
Under the Texas Controlled Substances Act, controlled substances, including medications, chemicals, medications without prescriptions, prescription drug pills, street drugs, narcotics, stimulants, hallucinogens, depressants, man-made substances, and natural substances are classified into four different punishment groups. According to the Texas Health and Safety Code §§ 481.101 – 105, these penalty groups are used to establish punishments for criminal drug offenses .
- Penalty Group I (PG-1) – Examples of substances in this group include, but are not limited to heroin, methamphetamines, codeine, methadone, morphine, oxycodone, oxycontin, uppers, stimulants, speed, hydrocodone, GHB, the Date Rape Drug, Gamma-hydroxybutyric acid, ketamine, Special K and cocaine.
- Penalty Group I-A (PG-1-A) – The only substance in this group is LSD or Lysergic acid diethylamide.
- Penalty Group II (PG-2) – Examples of substances in this group are Psilocybin, cathinone, magic mushrooms, bath salts, MDMA/ecstasy, and other hallucinogens.
- Penalty Group III (PG-3) – Examples of substances in the group can include Xanax, Valium, Lysergic acid, Zolpidem, Ambien, and drugs containing small amounts of narcotics.
- Penalty Group IV (PG-4) – Examples of substances in this penalty group include substances with limited quantities of narcotics but also contain one or more non-narcotic active medical ingredients.
Drugs / Narcotics Charges in Dallas County
chapter 481 of the Texas Health and Safety Code, besides known as the Texas Controlled Substance Act, defines all drug crimes and punishments throughout Dallas. Some of the most normally charged controlled kernel offenses in Dallas can include any of the follow :
- An individual can be charged with possession of a controlled substance (POCS) under sections 481.115 through 481.118 of the Texas Health and Safety Code if they knowingly or intentionally possess a controlled substance without prescription from an individual license to practice medicine in the state. Penalties for this offense depend on the amount of the substance in the alleged offender’s possession and the
- According to Texas Health and Safety Code § 481.112, an individual can be charged with possession of drug paraphernalia if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, testing, analyzing, storing, restoring, containing or concealing a controlled substance, or to introduce the substance into the human body. This offense is punishable as a Class C misdemeanor.
- As defined in sections 481.112 through 481.114 of the Texas Health and Safety Code, an individual can be charged with possession of drugs with the intent to distribute if they knowingly possess any controlled substance listed in Penalty Groups I through IV with the intent to intent to a deliver or distribute the substance. The penalties for this offense can vary, depending on the amount of the substance possessed by the alleged offender and the penalty group the substance is classified in.
- According to sections 481.112 through 481.114 of the Texas Health and Safety Code, individuals can be charged with drug manufacturing if they knowingly manufacture a controlled substance listed in Penalty Groups I through IV. The penalties for this offense can vary depending on the penalty group the substance is classified in and the amount of the substance manufactured.
- An individual can be charged with drug trafficking, according to the Texas Health and Safety Code §§ 481.112 – 481.114, if they knowingly traffic a substance classified in Penalty Groups I through IV. This offense usually involves a large number of drugs and a number of controlled substance offenses, such as drug manufacturing, drug delivery, or possession of a controlled substance with the intent to a delivery. The penalties for this offense can vary depending on the amount of the substance trafficked and the penalty group the drug is classified under.
Penalties in Dallas for Drugs / Narcotics Charges
chapter 12 of the Texas Penal Code defines the basic penalties for drug crimes throughout Dallas. however, these penalties can increase, depending on a assortment of factors, such as :
- Whether the alleged offender carried a weapon during the commission of the offense;
- Whether the offense involved a child under the age of 18;
- The quantity of the substance;
- What penalty group the substance was classified under;
- Whether the offense caused death or serious bodily injury to another person; and
- Whether the alleged offender has any previous criminal history.
The statutory provided penalties for misdemeanor and felony drug offenses in Texas are as follows :
- A Class B misdemeanor drug conviction can result in a jail sentence of up to 180 days and/or a fine of not more than $2,000.
- A Class A misdemeanor drug conviction can result in a jail sentence of up to one year and/or a fine of up to $4,000.
- A state jail felony drug conviction can result in a jail sentence ranging from 180 days to two years and/or a fine not more than $10,000.
- A felony of the third-degree drug conviction can result in a prison sentence of two to ten years and/or a fine up to $10,000.
- A felony of a second-degree drug conviction can result in a two to 20-year prison sentence and/or a fine not more than $10,000.
- A felony of the first-degree drug conviction can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine not more than $10,000.
- A life felony drug conviction can result in five years to 99 years in prison or life imprisonment and/or a fine not more than $250,000.
Drug Court in Dallas County
The Dallas County Drug Court program, besides known as DIVERT ( Diversion and Expedited Rehabilitation and Treatment ) targets alleged felony offenders eligible for pre-trial free that has been charged with the follow offenses :
- Possession of a Controlled Substance (less than one gram),
- Possession of Marijuana (more than 4 ounces, but less than five pounds), and
- Obtaining a Controlled Substance by Fraud (Prescription pill fraud or doctor shopping).
Individuals who have allegedly committed a delivery or fabrication of controlled substance offenses, DWI offenders, offenders who have a history of assault, and individuals who have committed former criminal offenses are not eligible for the DIVERT platform. The DIVERT broadcast is broadly three phases long and is about 12 to 18 months long. Individuals enrolled in the program go through means abuse education, engagement in education, and employment services, in addition to an predilection and stabilization phase, intensive treatment phase, and a transition and graduation phase.
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If the alleged wrongdoer successfully completes the program, their shell will be dismissed. however, if the alleged wrongdoer fails to successfully complete the program, their case will be presented for prosecution .
Dallas Resources for Drug Charges
Law Enforcement Action Partnership ( once Law Enforcement Against Prohibition LEAP ) is a nonprofit organization organization of current and former police, judges, and prosecutors advocating for criminal justice and drug policy reform. drug Policy Alliance ( DPA ) – The DPA is a national organization that promotes safe alternatives to current drug policy that besides upholds each person ’ mho right to have command over their mind and body. The DPA encourages policies that aim to reduce the harms associated with drug habit and drug prohibition. Students for a sensible drug Policy ( SSDP ) – This national organization aims to empower young individuals to participate in the political process and endeavor for more sensible drug policies, in addition to fighting against bootless Drug War policies that are more harmful than helpful to students and young. SSDP Texas Chapters – University of North Texas Chapter and University of Texas Dallas chapter Texas Controlled Substances Act –Chapter 481 of the Texas Health and Safety Code, besides known as the Texas Controlled Substances Act, defines drug offenses and penalties throughout Texas, including drug possession, drug traffic, and monomania of drug paraphernalia. Narcotics anonymous – Narcotics Anonymous is a national non-profit organization for individuals suffering from drug addiction. Individuals with drug addictions converge and support other individuals suffering from substance pervert issues for discussion and to maintain a sober up life style. Individuals seeking an NA meet in Dallas, Texas can find a placement on this web site.
Find A Dallas County Defense Attorney for Drugs / Narcotics Charges | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about your allege drug umbrage throughout Dallas County in Texas. Richard McConathy is an feel condemnable defense lawyer in Dallas, TX, who will make every attempt to help you avoid the most serious penalties and repercussions for your alleged offense. Contact the Law Offices of Richard C. McConathy today at ( 972 ) 233-5700 for a consultation about your alleged crime in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. back to top
