The Texas Controlled Substances Act classifies illegal substances into four penalty groups, and methamphetamine is in the harshest one.
As the drug has grown into a widespread problem in recent years, state prosecutors take methamphetamine possession seriously. Even simple possession comes with life-altering penalties for first-time offenders.
If you were charged with such a crime, it is critical that you begin planning your defense as soon as possible. At the Edgett Law Firm, our methamphetamine defense lawyer can help you protect your future.
Schedule your free consultation with the Plano criminal defense lawyer at the Edgett Law Firm by calling (972) 424-0760 or contacting our firm online.
Penalties for a Drug Crime
Texas is known for being particularly harsh on those accused of drug crimes. You need to exonerate yourself by building a defense that helps you tell your side of the story in a compelling way.
Is Meth a Felony?
Methamphetamine penalties are determined by the amount found in your possession:
- Less than 1 gram: state jail felony (6 months to 2 years imprisonment and up to $10,000 in fines)
- 1 to 4 grams: third-degree felony (2-10 years imprisonment and up to $10,000 in fines)
- 4 to 200 grams: second-degree felony (2-20 years imprisonment and up to $10,000 in fines)
- 200 to 400 grams: first-degree felony (5-99 years imprisonment, or a life sentence)
- 400+ grams: 10 years imprisonment minimum, with sentences up to 99 years or life in prison.
With large volumes of meth, the prosecutor may threaten to charge you with intent to sell. Regardless of whether you intended to sell or not, increased charges will magnify your potential penalties. In fact, being found with 4 grams of meth automatically qualifies you for an “intent to deliver” charge, which could transform your third-degree charge into a first-degree felony.
Federal Methamphetamine Crimes
Technically, any drug offense falls under both state and federal jurisdiction. However, if you are charged with trafficking across state lines or you are arrested by a federal officer, you will be charged with federal offenses. Federal sentencing is far harsher than state penalties because there is no true parole system for federal prisons. When you receive a sentence, you serve the full term.
For possessing 5 grams of pure meth or 50 grams of mixed meth, you’re facing:
- 5 years minimum for a first offense without endangering another’s life
- 20 years minimum for a first offense that is violent or endangered another’s life
- 10 years minimum for a non-violent second offense
- Life in prison for a second offense that is violent or endangers another’s life
Defending against federal charges requires an attorney with experience in federal courts. As court proceedings here require a different approach and knowledge base, you’ll want someone who has successfully defended against state and federal charges before. The Edgett Law Firm can help.
Our firm has successfully protected our clients by getting them favorable verdicts, reduced charges, or dismissal of their charges altogether. Call (972) 424-0760 now.