Under criminal law, a “conspiracy” is defined as an agreement between at least two people to commit an act that violates federal or state laws. It is a secret plan or plot formed by a group to do something unlawful or harmful. Conspiring to commit a drug crime is a serious offense in Georgetown, Texas. Texas courts prosecute such a charge to the fullest extent of the law.
More often than not, minors find themselves involved in conspiracy investigations. An individual may be considered a conspiracy member without knowing the identities of the other alleged conspirators or being aware of all the scheme details. If you are being charged with conspiracy, it is imperative to hire an experienced criminal defense attorney as early as possible in the investigation process.
Texas Drug Conspiracy Attorney in Georgetown
If you are facing criminal charges, or if you are accused of being a member of a drug conspiracy in TX, it is important to obtain legal representation. Our criminal defense lawyers are fully confident in our ability to handle even the most complex criminal cases. You should give Price Magee & Twine, PLLC a call immediately to discuss your case.
Price Magee & Twine, PLLC defends clients in Georgetown, Texas. We also represent people from the Williamson and Bell County area including Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights. Contact us today at (512) 354-1880 to receive your free initial consultation.
- Drug Conspiracy in Texas
- What is a Controlled Substance in Texas?
- Defenses Against Conspiracy Charges in Texas
- Penalties for Drug Conspiracy Charges
- Additional Resources on Drug Conspiracy
A conspiracy charge alleges that two or more people have agreed to commit a criminal act together. The charge can be in relation to any federal offense. Per Texas Penal Code 15.02, a person commits criminal conspiracy if he agrees with one or more to engage in conduct that would constitute as a law violation.
According to the statute, the offense is punished as one category lower than the most serious felony that is the object of the conspiracy. If the most serious felony that is the object of a conspiracy is a state jail felony, then criminal conspiracy is classified as a Class A misdemeanor. Class A misdemeanors are punishable by up to one year in Texas county jail, and a fine of up to $4000.
A controlled substance is any illicit drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government. Controlled substances violations are enforced by the Drug Enforcement Administration (DEA) and are classified into different “schedules” based on their level of addiction and accepted medical use. Drugs and other substances that are considered controlled substances are divided into five schedules:
- Schedule I Controlled Substances: Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (“Ecstasy”).
- Schedule II Controlled Substances: Examples of Schedule II narcotics include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), and fentanyl (Sublimaze®, Duragesic®). Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone.
- Schedule III Controlled Substances: Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®), and buprenorphine (Suboxone®).
- Schedule IV Controlled Substances: Examples of Schedule IV substances include: alprazolam (Xanax®), carisoprodol (Soma®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®).
- Schedule V Drugs Controlled Substances: Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®), and ezogabine.
Even if a person conspires to commit a drug crime but doesn’t follow through, they can be still charged with drug conspiracy in TX. Unfortunately, this offense can result in severe penalties such as steep fines and prison time. The following are several defense strategies Price Magee & Twine, PLLC may be able to use in a person’s drug conspiracy case:
- There was no agreement
- The person did not know about the agreement
- The person knew about the conspiracy or they were present when the agreement was made, but they did not join it
- The agreement was made under duress
- They withdrew from the agreement
- The person did not intend to join the agreement
- The evidence against the person was obtained during an illegal search
Drug conspiracy is one of the most frequently charged drug-related crimes in the United States. Charges are serious and can often result in severe consequences. The penalties for involvement in a drug conspiracy depend on the quantity of the drug involved. Drugs include marijuana, heroin, cocaine, methamphetamine, and opioids. The following are penalties for each:
- 100kg or more – mandatory minimum 5 years in federal prison, maximum sentence of 40 years
- 1,000kg or more – mandatory minimum 10 years in federal prison, maximum 40 years
- No alleged amount – no mandatory minimum sentence, maximum up to 40 years
- 100g or more – mandatory minimum 5 years in federal prison, maximum sentence of 40 years
- 1kg or more – mandatory minimum 10 years in federal prison, maximum 40 years
Cocaine (and “Crack” Cocaine):
- 500g or more of cocaine, 28g or more of crack cocaine – mandatory minimum 5 years in federal prison, maximum sentence of 40 years
- 5kg or more of cocaine, 280g or more of crack cocaine – minimum 10 years in federal prison, maximum life sentence
- 5g or more – mandatory minimum 5 years in federal prison, maximum sentence of 40 years
- 50g or more – minimum 10 years in federal prison, maximum life sentence
- Less than 5g – no mandatory minimum prison sentence, 20-year maximum sentence
Opioids and GHB:
- No mandatory minimum prison sentence, maximum sentence of 20 years
- Enhanced penalties if the drug involved in the conspiracy causes death or serious injury to someone
- Enhanced penalties if the defendant has a prior felony conviction for a drug-related crime
Texas State Board of Pharmacy: Controlled Drugs – The Texas State Board of Pharmacy is the state agency responsible for establishing regulations for pharmacy practice. Visit the website to read more about what is a controlled drug. The page also lists drugs that fall under each schedule.
Texas Penal Code: Criminal Conspiracy – This webpage showcases Chapter 15 of the Texas Penal Code. Visit the website to learn more about what constitutes criminal conspiracy which is considered a preparatory offense.
Georgetown Drug Conspiracy Lawyer in TX
If you’ve been arrested and accused of criminal conspiracy—whether in conjunction with another crime or not—you should call Price Magee & Twine, PLLC. Even if you did not commit the actual crime, you may be charged with the crime and any criminal acts that arise from it, in addition to drug conspiracy. Therefore, it is important to seek the expertise of a skilled criminal defense lawyer.
Georgetown drug conspiracy attorney Michael J. Price defends clients in Georgetown, Round Rock, Cedar Park, Killeen, Temple, Leander, Taylor, Hutto, and the surrounding communities. Your future doesn’t have to be ruined. Call us today at (512) 354-1880 to schedule your first initial consultation.