Texas sentences for drug crimes depend on the type and quantity of the drugs, as well as the location of where the drugs were possessed. Sentences are increased if the government believes the drugs were being delivered or manufactured.
Texas has broken all controlled substances into four penalty groups and sentences range from a Class B misdemeanor up to a First Degree Felony. There is an enhancement to the next higher penalty level if the government believes the drugs were possessed within 1000 feet of a "drug free zone" which includes the areas around a school or playground. In addition, there is an enhancement if a child is present while drugs are being manufactured.
In the federal system, sentences for drug crimes are severe and depend on type and quantity of drugs alleged. The sentence will be determined based on any applicable statutory mandatory minimums, the United States Sentencing Guidelines, and statutory factors found under 18 U.S.C. 3553(a). In addition, there are other factors, such as possession of a firearm, and a prior drug conviction, that can be used to enhance the sentence.
In the 30 years since the ill-conceived War on Drugs began and the overly harsh mandatory minimum sentences imposed for low-level offenses were enacted, the prison population has exploded.
While judges have discretion to depart from guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute.
If you have been arrested in a case involving illegal drugs, it is vital that you retain an attorney with experience in these cases. Call 713-622-8333 or visit www.kunianskylaw.com for a free consultation.
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