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Drug Crimes

Drug Crimes

Felony Drug Offenses

When it comes to the War on Drugs, Texas is a proud proponent. This state is known for its punitive stance on drug crime, with serious penalties for drug offenses across the board. The drug crimes with the most severe consequences, however, are the felony drug offenses – and these are more common than one might think.

Even simple drug possession can be considered a felony. Given the serious penalties, working with a skilled and experienced Georgetown drug crime defense attorney is very important in protecting your rights and your future when you are charged with a felony drug offense in Williamson County.

Georgetown Felony Drug Offense Attorney

By themselves, felony crimes and drugs crimes already have a significant negative impact on your future. As a combined offense, a felony drug crime can be even more threatening to your rights and future well-being. If you have been arrested on a felony drug offense anywhere in Williamson County, including Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, it is important to contact Law Office of Michael J. Price P.C. as soon as possible after your arrest for an effective defense.

Michael J. Price is an experienced Georgetown criminal defense lawyer who has spent over a decade serving clients like you. He will build a strong, comprehensive, and customized defense against your Williamson County felony drug charges. To find out what Law Office of Michael J. Price P.C. can do for your felony drug charge in Georgetown or the surrounding areas, call (512) 354-1880 today.


Information Center for Georgetown Felony Drug Offenses


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Drug Types and Texas Penalty Groups

To further clarify the penalties for drug offenses in this state while still respecting the federal drug schedule, Texas has assigned all controlled substances a penalty group in sections 481.101-105 of the Texas Health and Safety Code. These penalties are assigned based on how the substance affects the individual and how/if the substance is used for medical purposes in the state of Texas. There are four Penalty Groups listed in the code, and examples of the drugs in each group are as follows:

Penalty Group 1 – heroin, meth, codeine, oxycontin, oxycodone, hydrocodone, gamma-hydroxybutyric acid (GHB), cocaine

Penalty Group 2 – cathinone, magic mushrooms, bath salts, MDMA/ecstasy

Penalty Group 3 – Xanax, Valium, Ambien, and substances with small amounts of opiates or narcotics such as codeine

Penalty Group 4 – substances, such as cough syrup, that contain small amounts of opiates or narcotics such as codeine along with one or more non-narcotic, active medical ingredients


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Types of Felony Drug Offenses in Williamson County

Because of the War on Drugs and Texas' punitive stance on drug crimes, many of the drug offenses in this state are felonies. Additionally, the drug offenses that are not felonies, such as possession of drug paraphernalia , can readily be upgraded to a felony if certain aggravating circumstances are found in your case. If you have been charged with any of the following drug charges in Williamson County, it is possible you are facing a felony offense, and  highly recommended you contact an experienced Georgetown drug crime defense attorney as soon as possible:

  • Drug Possession: Texas Health and Safety Code §§ 481.115-481.118 – When a person knowingly or intentionally possesses a certain amount of a controlled substance without a prescription, he or she can be charged with felony drug possession, depending on the amount of the substance and the penalty group it is in.
  • Delivery of Drug Paraphernalia to a Minor: Texas Health and Safety Code § 481.125(f) – When a person knowingly or intentionally delivers drug paraphernalia, possesses drug paraphernalia with the intent to deliver, or manufactures drug paraphernalia with the intent to deliver it to a person under 18 and that person is 18 or older, he or she can be charged with felony delivery of drug paraphernalia.
    • Drug paraphernalia is any object intended to be used for containing, growing, planting, cultivating, storing, harvesting, compounding, producing, manufacturing, converting, processing, testing, analyzing, or concealing any controlled substance or used for the purpose of otherwise  introducing any controlled substance into the human body.  
  • Prescription Drug Fraud: Texas Health and Safety Code § 481.129 – Generally, a person commits felony prescription drug fraud if he or she knowingly possesses, obtains, or attempts to obtain a controlled substance or increased quantity thereof by misrepresentation, fraud, forgery, deception, or subterfuge; through the use of a fraudulent prescription form; or through the use of a fraudulent oral or telephonically communicated prescription. Other, more specific, situations constituting felony prescription drug fraud are also listed in this statute.
  • Possession with Intent to Deliver: Texas Health and Safety Code § 481.112 – A person can be charged with felony drug possession with the intent to deliver if he or she is found to possess a controlled substance with the intent to deliver it to another. Intent is usually shown through the presence of certain drug paraphernalia like baggies, and delivery does not require a sale to be involved.
  • Drug Manufacturing: Texas Health and Safety Code § 481.112 – When a person is found to have knowingly manufactured a controlled substance, he or she can be charged with felony drug manufacturing. To manufacture a substance means to produce, prepare, propagate, compound, convert, or process a controlled substance directly or indirectly by extraction from natural substances, through chemical synthesis, or by a combination and includes the packaging, repackaging, labeling, or relabeling of the substance.
  • Drug Trafficking: Health and Safety Code § 481.112 – Drug trafficking is not a separate offense from drug delivery in Texas. Drug trafficking is considered the same as knowingly manufacturing, delivering, or possessing with the intent to deliver a controlled substance. Delivery simply means the transfer of a controlled substance from one person to another and does not have to include a sale.

All of these felony drug offenses have serious penalties and related consequences that can and will affect you for the rest of your life. An experienced Williamson County drug crime defense lawyer can fight to ensure your rights and your future are protected from a felony drug conviction in Georgetown or the surrounding areas.


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Penalties for Texas Felony Drug Offenses

The severity of the penalties for a felony drug offense depends on the class of felony the drug charge falls in. State jail felony drug possession, for instance, has fewer penalties than a conviction for first-degree felony drug manufacturing. Drug offenses in Texas are assigned a felony class based on the amount of the drug and the circumstances of the case. The classes for felony drug offenses in Texas and their related penalties are as follows:

State Jail Felony Drug Offenses

  • 6 months to 2 years of jail time
  • Up to $10,000 fine
    • Possession, less than 1 gram of substance in Penalty Group 1 or 2
    • Delivery of drug paraphernalia to a minor
    • Possess with intent to deliver, less than 1 gram of substance in Penalty Group 1 or 2
    • Possess with intent to deliver, less than 28 grams of substance in Penalty Group 3 or 4
    • Drug manufacturing, less than 1 gram of substance in Penalty Group 1 or 2
    • Drug manufacturing, less than 28 grams of substance in Penalty Group 3 or 4
    • Drug trafficking, less than 1 gram of substance in Penalty Group 1 or 2
    • Drug trafficking, less than 28 grams of substance in Penalty Group 3 or 4

Third-Degree Felony Drug Offenses

  • 2-10 years of prison time
  • Up to $10,000 fine
    • Possession, 1-4 grams of substance in Penalty Group 1 or 2
    • Possession, 28-200 grams of substance in Penalty Group 3 or 4
    • Prescription Drug Fraud, Schedule III or IV substance

Second-Degree Felony Drug Offenses

  • 2-20 years of prison time
  • Up to $10,000 fine
    • Possession, 4-200 grams of substance in Penalty Group 1
    • Possession, 4-400 grams of substance in Penalty Group 2
    • Possession, 200-400 grams of substance in Penalty Group 3 or 4
    • Prescription Drug Fraud, Schedule I or II substance
    • Possess with intent to deliver, 1-4 grams of substance in Penalty Group 1 or 2
    • Possess with intent to deliver, 28-200 grams of substance in Penalty Group 3 or 4
    • Drug manufacturing, 1-4 grams of substance in Penalty Group 1 or 2
    • Drug manufacturing, 28-200 grams of substance in Penalty Group 3 or 4
    • Drug trafficking, 1-4 grams of substance in Penalty Group 1 or 2
    • Drug trafficking, 28-200 grams of substance in Penalty Group 3 or 4

Standard First-Degree Felony Drug Offenses

  • 5-99 years of prison time
  • Up to $10,000
    • Possession, 200-400 grams of substance in Penalty Group 1
    • Possession with intent to deliver, 4-200 grams of substance in Penalty Group 1
    • Possession with intent to deliver, 4-400 grams of substance in Penalty Group 2
    • Possession with intent to deliver, 200-400 grams of substance in Penalty Group 3 or 4
    • Drug manufacturing, 4-200 grams of substance in Penalty Group 1
    • Drug manufacturing, 4-400 grams of substance in Penalty Group 2
    • Drug manufacturing, 200-400 grams of substance in Penalty Group 3 or 4
    • Drug trafficking, 4-200 grams of substance in Penalty Group 1
    • Drug trafficking, 4-400 grams of substance in Penalty Group 2
    • Drug trafficking, 200-400 grams of substance in Penalty Group 3 or 4

Enhanced First-Degree Felony Drug Possession

  • Life or 5-99 years in prison
  • Up to $50,000 fine
    • Drug possession, 400 grams or more of substance in Penalty Group 2, 3, or 4

Standard First-Degree/Life Felony Drug Offenses

  • 10-99 years or Life in prison
  • Up to $100,000 fine
    • Possession, 400 grams or more of substance in Penalty Group 1
    • Possession with intent to deliver, 200-400 grams of substance in Penalty Group 1
    • Possession with intent to deliver, 400 grams or more of substance in Penalty Group 2, 3, or 4
    • Drug manufacturing, 200-400 grams of substance in Penalty Group 1
    • Drug manufacturing, 400 grams or more of substance in Penalty Group 2, 3, or 4
    • Drug trafficking, 200-400 grams of substance in Penalty Group 1
    • Drug trafficking, 400 grams or more of substance in Penalty Group 2, 3, or 4

Enhanced First-Degree/Life Felony Drug Offenses

  • 15-99 years or Life in prison
  • Up to $250,000 fine
    • Possession with intent to deliver, 400 grams or more of substance in Penalty Group 1
    • Drug manufacturing, 400 grams or more of substance in Penalty Group 1
    • Drug trafficking, 400 grams or more of substance in Penalty Group 1

In addition to these punitive statutory consequences, all felons in Texas are subject to ramifications like the inability to pursue certain educational and professional opportunities and the loss of certain civil rights like the right to vote. Those convicted of drug crimes in Williamson County may also be subject to drug treatment, community service, and a driver's license suspension or revocation. Working with a qualified drug crime defense attorney in Georgetown can reduce your chances of conviction and increase your chances of a favorable outcome, like a reduction or dismissal of charges or even a not guilty verdict.


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Law Office of Michael J. Price P.C. | Felony Drug Crime Defense Lawyer in Williamson County

If you have been arrested and charged with a felony drug offense like felony drug possession in Georgetown, Round Rock, Cedar Park, Leander, Taylor, Hutto, or elsewhere in Williamson County, don't wait. Contact Law Office of Michael J. Price P.C. today and immediately begin defending your rights and future from conviction.

Georgetown criminal defense attorney Michael J. Price has extensive experience working with clients like you and knows what it takes to win a felony drug case in Williamson County. Your first consultation is free, so call (512) 354-1880 today and schedule yours.


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Complete this form to request a Free Consultation with Michael J. Price.
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