Heroin, Opiates and the Law in Texas
Drug crimes are taken very seriously in Houston. Although the courts may be lenient to some minor offenses such as possession, others are treated more harshly. Producing and selling of heroin is filed as a felony and offenders face severe penalties if found guilty. Texas heroin laws are strict because of the public health impact that this drug has. If found in possession of even a small amount of this drug, you will be considered to have committed a felony and may result in jail time or high fines. For first time offenders, some courts but not all, in Texas may offer drug diversion programs instead of prison.
In 2001, Texas lawmakers passed a law to create a drug court program in some counties like Dallas and El Paso. The programs offer an alternative to candidates who are considered as good, that is, the low-level and non-violent offenders. These programs help the convicts to get treatment and help them better their lives.
If one is approved as a non-violent offender, he or she undergoes intense monitoring and evaluation which includes attending treatment sessions and taking frequent drug tests among others. After between 12-18 months, the case against the accused might be dropped, or they may be put in probation.
Texas Laws for Heroin
Selling Heroin Penalties
Penalties for the sale of heroin may range from jail felony to a first-degree felony depending on the amount the offender was caught with during the arrest. If found with less than one gram, that is the state jail felony. But between 1-4 grams is considered as a second-degree felony while 4-200grams is a first-degree felony. If caught selling 200-400 grams you are likely to face a jail term of not less than ten years and may extend to 99 years. But the conviction for the sale of more than 400 grams is a life sentence. The penalties are more strict if found selling this drug within a restricted drug-free zone such as near a school and or delivery to a minor who is enrolled at a school.
Possession penalties are similar to those of selling this drug. Less than 1 g is a state felony, 1-4 grams is a third-degree felony, 4-200g and 200-400g is a second and a third-degree felony respectively. If found in possession of heroin equal or more than 400g you face a jail term of between 10 years to 99 years or life imprisonment in a Texas Department of Criminal Justice institution. Or a fine of not less than $100000.
Also note that if found in possession of small amount of heroin, the law enforcers will assume that this is intended for personal use. On the other hand, if you are found with a larger amounts, you will be charged with possession for the intent to sell which is a more serious crime and the punishment is severe.
For people facing charges of this drug, it is important that they know the possible penalties and options if found guilty. Factors that can impact on how severe the penalties will be if one is found, include the amount of heroin in the case and where the person accused was making the sale. It is therefore essential that the offender hires the best lawyer who can argue these out on their behalf.
If you’re looking for a drug charge offense lawyer in Houston, we recommend you reach out to the Paul Morgan Law Office, PLLC by calling 713-969-5007.