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Heroin Possession in Texas

Heroin is one of the most dangerous and addictive drugs on the market. It is an opioid, which is a hallucinogen, made from morphine. Often times, prescription drugs such as opioid pain medications like OxyCotin or other drugs prescribed after major surgeries are gateway drugs to heroin use.

With this said, according to a national survey, only about four percent of people how had misused prescription drugs, have eventually become addicted to heroin. As the country is currently experiencing an opioid epidemic, it is important to remember that heroin is a very dangerous drug and, according to the Center for Disease Control, overdoses have increased over the last decade.


Attorney for Heroin Possession in Georgetown, TX

If you or someone you know has been charged with heroin possession or is under investigation for possession of a controlled substance, contact Law Office of Michael J. Price.

Our attorney, Michael J. Price, understands that people fall on unexpected and unpredictable times and drug use is often a result of bad circumstances.

If you or a loved one has undergone serious surgery and have become addicted to heroin or a similar drug, contact an experienced criminal defense attorney for help with any criminal charges that have developed as a result.

Law Office of Michael J. Price accepts cases in Williamson County, and in the surrounding areas of Burnet County, Lee County, Bell County, Milam County, , Bastrop County, and Travis County, Texas.

Call (512) 354-1880 now to schedule a no obligations consultation with Michael J. Price.


Heroin Possession Information Center


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Schedules of Controlled Substances in Texas

In Texas, the type of criminal offense that may be handed down will depend on the category of drug that the alleged offender is accused of possessing, manufacturing, or distributing. Controlled substances are categorized by “schedules.”

The schedule of a drug will determine its dangerousness and acceptability among the medical community in the U.S.

Schedule I drugs are considered the most dangerous. Schedule I drugs have a high risk of abuse and are considered to have no safe, accepted, medical use in the United States.

Some common examples Schedule I drugs include the following:

  • Heroin
  • Marijuana
  • LSD
  • Crack Cocaine
  • Opium
  • Ecstasy

Schedule II drugs are drugs that also have a high risk of abuse, but there is some medically accepted use in the United States. These drugs, while used in serious medical procedures, have some addictive and hallucinogenic features.

Schedule II drugs include the following:

  • Oxycodone
  • Morphine
  • Dextroamphetamine
  • Methylphenidate (Ritalin)

Drug Schedules III through V are considered drugs with a lower-risk of abuse, however, unauthorized resell, and possession without a prescription (where one is required) can subject an individual to criminal liability.

Heroin is a Schedule I, which means that it is not currently accepted for medical use in the United States, and is considered extremely dangerous. It also means that possession or sale of heroin would subject an individual to serious criminal liability.


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Elements of Heroin Possession Charges

Under Texas law, the State must show, beyond a reasonable doubt, the following two elements in order to convict a person of possession of Heroin:

  • That the alleged offender exercised care, custody, and control over the heroin; and
  • That the alleged offender knew that the object that he or she possessed was heroin.

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Circumstantial Evidence in Drug Possession

Circumstantial evidence is evidence that relies on an inference, or an individual’s ability to “put two and two together” to arrive at a conclusion. For example, if a person comes into a building with an umbrella, and wet, (the circumstances), an onlooker will deduce that it is raining outside.

Consistently, Texas courts have affirmed the use of circumstantial evidence in determining whether an individual can be convicted of drug possession. In Caballero v. State, 881 S.W.2d 745 (Tex. App. Ct. 14th Dist. 1994), the court stated that the prosecutor could use circumstantial evidence to infer the presence of a drug on the defendant.

Moreover, the Court in King v. State, 895 S.W.2d 701 (Tex. Crim. App. 1995), the court there held that if a controlled substance can be seen and measured, then the amount of the drug found is sufficient to infer that the defendant knew that he or she was in possession of such controlled substance.


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Penalties for Heroin Possession

The punishment for possession of a controlled substance will depend on the type and the amount of substance that the individual possesses. Texas also penalizes controlled substance possession by four penalty groups.

Heroin is in Penalty Group 1, which means that it has some of the most serious consequences. The punishment for possession of a Penalty Group 1 substance is as follows:

  • 400 grams of heroin or more, is charged as a life felony;
  • 200 – 400 grams of heroin is charged as a first-degree felony;
  • 4 – 400 grams of heroin is charged as a second-degree felony; and
  • up to 1 gram of heroin is charged as a state jail felony.

In Texas, a life felony is punishable by up to life in prison and up to $100,000 in fines.

A first-degree felony is punishable by up to life in prison and up to $10,000 in fines.
A second-degree felony is punishable by up to 20 years in prison and up to $10,000 fines.
A third-degree felony is punishable by up to ten (10) years in prison and up to $10,000 in fines.
A State jail felony is punishable by up to up to two (2) years in prison and up to $10,000 in fines.


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Additional Resources

Texas Penal Code § 481.102 – Visit the Texas Legislature’s website for the full statutory disposition for the Texas Controlled Substances Act. The Statute includes information on useful definitions such as “controlled substance,” and it also includes the potential punishments for conviction.

What is Heroin? – Visit the National Institute on Drug Abuse to learn more about what heroin is and how the drug affects a person’s body. Find out information about both the long term and short-term effects of heroin use, and where you can go to get help with heroin addiction.


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Find a Lawyer for Heroin Possession in Williamson County, TX

If you or someone you know has been charged with heroin possession in Williamson County, Texas, or in the surrounding counties of Travis County, Burnet County, Milam County, Lee County, Bell County, Milam County, or Bastrop County, Texas, then contact attorney Michael J. Price.

Attorney Michael J. Price is founder of Law Office of Michael J. Price and is an experienced criminal defense lawyer dedicated to fighting for the rights of criminal defendants. At Law Office of Michael J. Price, our attorney believes that a person is innocent until proven guilty, and he uses every skill he has to uphold that value –from filing pre-trial motions, to ensuring that search warrants are valid.

Our office handles multiple types of drug crimes cases and have experience fighting such charges throughout Georgetown, Texas courtrooms.

Call (512) 354-1880 now to schedule a one-on-one consultation.

This article was last updated on Friday, September 15, 2017.

 

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