Understanding Texas Drug Laws and Penalties
Texas’s drug laws are governed by Chapter 481 of the Texas Health and Safety Code, which categorizes controlled substances into penalty groups. These determine the severity of charges and penalties. For example:
- Methamphetamine and heroin fall under Penalty Group 1, which carries the harshest penalties.
- THC (other than plant-based marijuana) is classified under Penalty Group 2.
When it comes to possession of a controlled substance, the seriousness of the offense depends on the amount of drugs found.
Here are the punishment ranges for the most commonly encountered drugs:
- Under 1 gram: State Jail Felony
- 1-4 grams: 3rd Degree Felony
- 4-200 grams: 2nd Degree Felony
- 200-400 grams: 1st Degree Felony
- 400+ grams: Enhanced 1st Degree Felony
The higher the amount of drugs, the more severe the penalties, which can include longer prison sentences and higher fines. Understanding these classifications is essential for anyone facing drug possession charges in central Texas.
A Proven History Of Success
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No Charges Filed Aggravated Assault with a Deadly Weapon
We represented a woman under investigation for aggravated assault with a deadly weapon and assault family violence. By demonstrating she was actually the victim and providing key evidence to authorities, we prevented any charges from being filed against her.
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Case Dismissed Aggravated Assault with a Deadly Weapon
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Case Dismissed Aggravated Assault with a Deadly Weapon
Our client was charged with aggravated assault with a deadly weapon family violence. We were able to get the case reduced to a misdemeanor and ultimately dismissed.
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Case Rejected Aggravated Sexual Assault of a Child
We represented a client charged with aggravated sexual assault of a child. By acting early, reviewing the evidence thoroughly, and providing key information to the prosecutor, we built a strong defense that led to the case being no-billed and rejected.
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Case dismissed Assault Causes Bodily Injury of a Family Member
We represented a young man charged with assault causing bodily injury to a family member. After conducting our own investigation into the alleged victim, we met with the prosecutor, and the county attorney declined to prosecute the case.
Texas Money Laundering Laws
Texas has one of the broadest money laundering statutes in the country. Unlike federal laws or those in other states, Texas doesn’t require complex elements like “layering” (hiding the origin of illegal funds through multiple transactions). Instead, the state only needs to prove that someone acquired, maintained, concealed, possessed, transferred, or transported proceeds from criminal activity.
In this context, “criminal activity” typically refers to a felony offense. The severity of the money laundering charge depends on the value of the property involved, as outlined below:
- $2,500 to $30,000: State Jail Felony
- $30,000 to $150,000: 3rd Degree Felony
- $150,000 to $300,000: 2nd Degree Felony
- $300,000+: 1st Degree Felony
Asset Forfeiture in Texas
In addition to criminal charges, the state can also pursue asset forfeiture, which is a civil lawsuit against property believed to be connected to a crime. This means the state can seize items like money, vehicles, weapons, or even homes if they claim the property was used in committing a crime or obtained through illegal activity.
If the state wins the case, it keeps the property. Unlike criminal cases, the burden of proof in asset forfeiture is lower—it only requires showing that it’s “more likely than not” the property is tied to a crime.
It’s important to act quickly if you’re facing asset forfeiture. The state has a limited time to file a case, and you also have a limited time to respond. Failing to respond can result in losing your property permanently. Understanding these laws is crucial to protecting your rights and property if you’re facing drug-related charges in central Texas. Our attorneys are well-versed in dissecting these charges and mounting robust defenses.
The asset forfeiture process can be equally intimidating. Once the state believes an asset is connected to criminal activity, it can seize property without a criminal conviction. Our team can help challenge these actions and ensure your assets are protected.
Contact Winters & Chidester for a Strong Defense
If you’re facing drug charges in Travis and Bastrop counties, the attorneys at Winters & Chidester will stand by you, offering skilled legal guidance and an aggressive defense.
Contact us today for a free consultation to begin protecting your future.
