Misdemeanor vs. Felony Drug Charges in Texas
When facing drug charges in Texas, understanding the difference between a misdemeanor and a felony charge is crucial. The severity of a drug charge can have significant consequences on one’s future, and it’s essential to have an experienced criminal defense lawyer to help you handle the intricacies of the case.
The Linder Firm, a trusted criminal defense firm in Dallas, Texas, is here to guide individuals through the intricacies of Texas drug laws. Here’s an overview of the differences between misdemeanor and felony drug charges under Texas law and how each can impact your life.
What Are Drug Charges in Texas?
Under Texas law, drug charges fall into two main categories: misdemeanor and felony. The classification of the charge depends on factors such as the type of drug involved, the amount of the drug, and the defendant’s criminal history.
It’s important to understand that regardless of the charge, both types can carry serious consequences, including fines, imprisonment, and lasting criminal records.
A drug charge in Texas can arise in various situations. These may include possessing controlled substances, trafficking drugs, manufacturing illegal drugs, or engaging in drug distribution. Regardless of the circumstances surrounding the charge, it’s essential to seek a criminal defense lawyer with experience in drug cases.
The Linder Firm has helped countless clients in Texas fight against drug charges through criminal defense, and they understand the full scope of the state's laws.
Misdemeanor Drug Charges
Misdemeanor drug charges are considered less severe than felony charges, but they still carry significant penalties. In Texas, misdemeanors are classified into three categories: Class A, Class B, and Class C, with Class A being the most serious.
The classification of the drug charge is based on several factors, including the amount of the drug, the type of drug, and any prior convictions.
Class A Misdemeanors
Class A misdemeanors are the most serious type of misdemeanor drug charge in Texas.
For example, possessing up to 2 ounces of marijuana is considered a Class B misdemeanor, but possessing 2 to 4 ounces can result in a Class A misdemeanor. A conviction for a Class A misdemeanor can result in a sentence of up to 1 year in jail and a fine of up to $4,000.
While not as severe as felony convictions, these penalties can still significantly affect an individual’s life. Those who are facing a Class A misdemeanor drug charge should consult with an experienced criminal defense lawyer, such as The Linder Firm, to assess the best legal options.
Class B Misdemeanors
Class B misdemeanors involve drug offenses like possessing between 2 and 4 ounces of marijuana, or possessing small amounts of other controlled substances, like cocaine or methamphetamine.
Class B misdemeanor drug charges can carry a sentence of up to 180 days in jail and a fine of up to $2,000. Though this is a less severe penalty than a felony conviction, a Class B misdemeanor conviction can still leave a lasting mark on an individual’s record, potentially affecting future employment opportunities, housing, and other aspects of life.
Class C Misdemeanors
Class C misdemeanors are the least serious of the misdemeanor charges. However, they can still result in criminal penalties. Possessing less than 2 ounces of marijuana can lead to a Class C misdemeanor charge in Texas.
Typically, the penalties for a Class C misdemeanor don’t involve jail time but can include fines up to $500. While this may seem like a less severe charge, it’s important to note that even a Class C misdemeanor conviction can result in a permanent criminal record that can hinder one’s life in other ways.
Felony Drug Charges
Felony drug charges are far more serious than misdemeanors and are classified into different categories based on the severity of the offense. The penalties for felony drug charges are much harsher and can include lengthy prison sentences, substantial fines, and a permanent criminal record that can drastically affect a person’s life.
Felony drug charges in Texas typically involve the possession, manufacturing, trafficking, or distribution of drugs in larger quantities.
First-Degree Felony
A first-degree felony is the most severe level of felony drug charge in Texas. Possession of large quantities of certain drugs, such as 400 grams or more of cocaine, methamphetamine, or heroin, can result in a first-degree felony charge.
A first-degree felony conviction can result in a prison sentence of 5 to 99 years, or even life in prison, along with fines up to $10,000. This is a life-altering charge, and anyone facing such charges should immediately seek help from a seasoned criminal defense lawyer, like The Linder Firm, to fight the charges and explore possible legal strategies.
Second-Degree Felony
A second-degree felony involves possession of between 200 and 400 grams of certain controlled substances. For instance, possessing 200 to 400 grams of a drug like cocaine or methamphetamine can result in a second-degree felony charge.
A conviction for a second-degree felony can lead to a sentence ranging from 2 to 20 years in prison, along with fines of up to $10,000. As with all drug charges, the penalties are serious, and it’s important to contact a criminal defense lawyer who understands Texas drug laws.
Third-Degree Felony
A third-degree felony charge typically applies when someone is found in possession of between 28 grams and 200 grams of controlled substances such as cocaine or methamphetamine.
This can also apply to offenses like the manufacture or distribution of drugs within certain thresholds. Third-degree felonies can result in a sentence of 2 to 10 years in prison and fines up to $10,000.
While it’s a less severe felony than a first-degree or second-degree felony, a third-degree felony charge is still extremely serious and requires competent legal representation.
State Jail Felony
A state jail felony is considered less severe than a typical felony but is still a serious charge. A state jail felony is commonly associated with the possession of small amounts of certain drugs, such as 1 to 4 grams of methamphetamine or cocaine.
The penalties for a state jail felony include up to 2 years in a state jail facility and fines of up to $10,000. Although the penalties are less severe than other felony categories, individuals convicted of state jail felonies still face life-changing consequences.
Factors That Impact Drug Charge Severity
Several factors can impact whether a drug charge is classified as a misdemeanor or felony, and how severe the penalties will be. These factors include the type of drug involved, the amount of the drug, and whether the individual has any prior drug convictions.
Additionally, charges related to the distribution or trafficking of drugs can escalate quickly from misdemeanor to felony charges.
The location of the offense can also affect the severity of the charge. If the drug offense occurred near a school, park, or other protected areas, the charges could carry harsher penalties, even if the amount of drugs involved was relatively small.
In some cases, the intent to sell or distribute drugs can also elevate a charge from a misdemeanor to a felony, even if the individual wasn’t caught in the act of trafficking or selling.
Legal Defenses for Drug Charges
Regardless of whether an individual is facing misdemeanor or felony drug charges, there are various defenses that a skilled criminal defense lawyer might use to fight the charges. Some common defenses include:
Lack of knowledge: If the defendant didn’t know that they possessed illegal drugs, they may not be guilty of the offense. For example, if drugs were found in a vehicle that the defendant was driving, but they had no knowledge of the drugs being there, this could be used as a defense.
Illegal search and seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police didn’t have a valid search warrant or probable cause, evidence gathered during an illegal search may be inadmissible in court.
Entrapment: If the defendant was coerced or tricked by law enforcement into committing the drug offense, they may be able to argue that they were entrapped and thus not legally responsible for the crime.
Improper handling of evidence: In some cases, the evidence in a drug case may have been mishandled or improperly preserved, which could weaken the prosecution's case.
Contact a Criminal Defense Attorney
The Linder Firm is well-versed in these and other defenses and is committed to providing thorough criminal defense representation for those facing drug charges in Texas.
If you or someone you know is facing drug charges in Texas, contact The Linder Firm for a consultation. The firm is proud to serve clients throughout Dallas Metro and North Texas. Call today.