In Texas, drug crimes are taken very seriously. While relatively minor crimes, such as simple possession, are often charged as misdemeanors, others are treated much more harshly. Manufacturing and delivery of heroin is always filed as a felony, with penalties as severe as paying hundreds of thousands of dollars in fines and spending decades in state or federal prison. If you have been charged with manufacturing or delivery of a controlled substance, you are likely worried about facing these penalties. Fortunately, there are ways to fight your charges, such as proving your rights were violated or police misconduct.
Houston heroin defense lawyer Ned Barnett has helped many Texas citizens reduce or eliminate their drug charges. With more than 20 years of legal experience, he knows what to expect from these types of cases. He will guide you every step of the way, ensuring that you understand your options, including fighting in court and negotiating for a favorable resolution.
Call (713) 222-6767 now to see how you can avoid spending time behind bars.
Understanding the Crime
According to Texas law, the manufacturing of a drug like heroin is defined as the creation of a controlled or illegal substance, one that has an intoxicating effect. In most cases, manufacturing might involve using substances, lab gear, and a variety of techniques to create a drug. Manufacturing drugs can occur anywhere, such as in a house, shed, or even out in the open. Drug delivery, on the other hand, involves handing over the substance to another person. This can either be done directly or indirectly. Physically placing a bag of drugs into another person’s hand might be considered direct, whereas leaving drugs in the trunk of a car and then handing over the keys is an indirect method.
Possible Penalties and Collateral Consequences
In Texas, controlled substances are organized into different penalty groups. These groups are determined based on the threat that each drug poses to human health. Marijuana, for example, is not in the same penalty group as meth, which is highly addictive and detrimental to physical health. A drug’s level is determined based on whether or not it is addictive. Substances that are addictive are taken more often; therefore, they have a greater chance of causing harm.
Heroin can be found in penalty group one, along with cocaine, methamphetamine, ketamine, GHB, and several other addictive drugs. The penalties for manufacturing and delivering one of these substances vary based on the amount. Common penalties for manufacturing or delivering heroin include, but are not limited to:
- Less Than 1 Gram: A felony offense that can carry up to 2 years in jail
- Between 1 and 4 Grams: A second-degree felony that carries up to 10 years in state prison
- Between 4 and 200 Grams: A first-degree felony that carries a sentence of up to life in prison
- Between 200 and 400 Grams: A first-degree felony with a minimum sentence of 10 years and a maximum sentence of 99 years
- More than 400 Grams: A felony with a minimum of 15 years and a maximum of 99 years
Let Ned Barnett Defend Your Freedom
The punishment for a drug conviction can extend far beyond time served behind bars. Among other things, a conviction means the creation of a criminal record. This can have devastating effects on your professional life, as most employers are not fond of hiring people who have committed crimes. In addition, continuing your education might be all but impossible since most colleges vet applicants before admitting them, and many scholarships are off-limits to those with conviction histories.
If you are being charged with manufacturing or delivering heroin, you may not know how you will survive. You may have lost your job after your boss found out about your arrest, and the relationships with your loved ones may be irreparably damaged. At the very least, you deserve legal representation that will fight for your interests. A Houston heroine defense lawyer with The Law Offices of Ned Barnett may be your best chance to reaching a favorable result.
Call (713) 222-6767 for a free and confidential consultation to see how you can get your life back.