Delivery of a Controlled Substance
Experienced & Trusted Houston Drug Charge Defense Lawyer
In order to be charged with Delivery of a Controlled Substance in the state
of Texas, it is not necessary for you to have actually delivered the drugs.
Any attempt to transfer controlled substances to another person is enough
for a criminal prosecution. Even if you are found to be in possession
of more drugs than one person could reasonably consume, it is assumed
that you have the intent to deliver the drugs, which is punishable in
the same way an actual transfer would be.
What are the penalties for delivery of a controlled substance?
Penalties for this criminal offense vary greatly depending on the Penalty
Group that the controlled substance falls under and the amount of the
drugs delivered. Delivery of any controlled substance is a Felony. As
with any criminal action; however, every case should be investigated as
its own unique situation to determine the potential consequences involved.
It is important to understand that convictions for delivery of a controlled
substance cannot be expunged.
Penalty Group I: Includes illegal drugs such as Cocaine, Methamphetamine, and GHB. The
range of punishment is from six months up to life in prison and fines
up to $250,000 in fines.
Penalty Group I-A: Include substances such as LSD. The range of punishment is from six month
up to life in prison and up to $250,000 in fines.
Penalty Group II: Includes drugs such as MDMA, Adderall, and Bath Salts. If convicted, the
accused could faces from six months up to life in prison and up to $250,000 in fines.
Penalty Group II-A: Includes Spice or Synthetic Marijuana. Punishments upon conviction include
a potential of 6 months in jail up to life in prison and up to $250,000.00 in fines.
Penalty Group III and IV: Includes prescription drugs such as Vicodin, Codeine, Xanax, Valium, Ritalin,
Steroids, and Human Growth Hormone.
There are other stipulating factors that can also increase your sentence,
such as delivering the substances near a school, which is a Class A felony
punishable by up to $100,000 in fines and 20 years in prison. Giving controlled
substances to a minor is also a Class A felony, with one exception. If
the accused who delivered the substances is less than 3 years older than
the minor, then the penalties just fall under the specific drug schedule.
Other penalties can involve losing your driver's license for up to
180 days and making other payments back for any financial gain you made
from distributing the controlled substances.
Defense Strategies from a Houston Drug Crime Attorney
The State must prove that you knowingly delivered the controlled substance
and made an actual transfer of the drugs or a constructive transfer. If
the state cannot prove the actual or constructive transfer, then you may
only be charged with simple possession or possession with intent to deliver.
To read more about delivery of a controlled substance visit our blog.
Mark Morasch is a Houston defense attorney with
more than 20+ years of experience as a prosecutor and defense lawyer. Using his experience and understanding
of how the prosecutor thinks, Mark can build the strongest possible defense
with the objective of having your charges dismissed or reduced.
Consult with Mark Morasch today to learn more about your case and how he can protect your rights.