When it comes to drug crimes, most people typically think of criminal charges involving meth, heroin, cocaine, and even cannabis. Drug crimes involving prescribed medication have become a severe problem over recent years.
From carrying or using a controlled substance without a legitimate prescription to doctor shopping, prescription drug crimes are punishable by long prison sentences, costly fines, and a permanent criminal record that can severely damage your personal and professional reputation.
At Shane Phelps Law., we are dedicated to helping our clients obtain the best outcome in their cases.
With decades of legal experience, our College Station criminal defense attorney can investigate your arrest, gather evidence to support your case, and develop a strong defense strategy to either get your case thrown out or your charges/penalties reduced.
Do not hesitate to hire a Bryan prescription drug crimes lawyer when facing these serious crimes.
Get started on your case today. Free consultation.
Prescription Drug Charges & Penalties in Texas
Prescribed medication is considered a controlled substance according to state law. Many types of prescription drugs are classified as Penalty Group 1—such as codeine, fentanyl, oxycodone, hydrocodone, morphine, etc.—which is punishable by the most severe penalties due to the high potential for abuse and addiction.
Other types of prescribed medicines belong in Penalty Group 3, including Ritalin, Valium, Xanax, etc.
Illegal possession of less than one gram of a Penalty Group 1 narcotic results in a state jail felony, which carries a jail term of up to two years and a maximum fine of $10,000.
Possession of one gram but fewer than four grams is a third-degree felony, punishable by a maximum prison sentence of 10 years and a fine of up to $10,000.
Between four grams but fewer than 200 grams is a second-degree felony, punishable by a prison sentence of up to 20 years and fine no larger than $10,000.
Between 200 grams and fewer than 400 grams is considered a first-degree felony, which carries a maximum prison sentence of 99 years and a fine of up to $50,000. Over 400 grams results in a lifetime prison term.
Distribution or sale of a prescription drug leads to more harsh penalties. For instance, it is a second-degree felony for the sale of a Penalty 1 Group narcotic.
Prescription drug fraud is defined as obtaining prescribed medication through fraudulent and dishonest means.
This includes forging or altering a doctor's note, misrepresentation of personal information in order to obtain a prescription and going to different doctors to get a prescription for the same controlled substance (without them knowing about the others).
When a Penalty Group 1 controlled substance is involved in prescription fraud, the charge is a second-degree felony.
When a Penalty Group 3 controlled substance is involved in prescription fraud, the charge is a third-degree felony.
How does Texas classify different prescription drugs?
Texas classifies prescription drugs and other controlled substances according to the Texas Controlled Substances Act, which is aligned with the federal Controlled Substances Act. This classification system categorizes drugs into different penalty groups based on their potential for abuse, accepted medical use, and safety under medical supervision.
Penalty Groups in Texas:
- Penalty Group 1:
- Includes opioids like oxycodone, hydrocodone, and morphine
- Also contains drugs like cocaine, heroin, and methamphetamine
- Possession of less than one gram is a state jail felony
- Penalties increase with larger quantities
- Penalty Group 2:
- Includes hallucinogens like MDMA (ecstasy) and PCP
- Also contains some prescription drugs like nabilone
- Possession of less than one gram is a state jail felony
- Penalty Group 3:
- Includes prescription drugs with a lower potential for abuse
- Examples: Valium, Xanax, Ritalin, and anabolic steroids
- Possession of less than 28 grams is a Class A misdemeanor
- Penalty Group 4:
- Includes compounds containing limited quantities of narcotics
- Examples: certain cough syrups with codeine
- Possession of less than 28 grams is a Class B misdemeanor
- Marijuana:
- Classified separately from other drugs
- Possession of up to 2 ounces is a Class B misdemeanor
It's important to note that the specific classification can significantly impact the severity of charges and potential penalties. For instance:
- Possession of a small amount of a Penalty Group 1 drug could result in a state jail felony charge.
- The same amount of a Penalty Group 3 drug might only lead to a misdemeanor charge.
Additionally, Texas law distinguishes between possession and delivery (distribution) of controlled substances, with delivery typically carrying harsher penalties.
Factors that can increase penalties include:
- Prior convictions
- Presence of a minor
- Proximity to drug-free zones (schools, playgrounds, etc.)
Understanding these classifications is crucial when facing prescription drug charges, as they directly influence the potential legal consequences. An experienced Bryan prescription drug crimes lawyer can help interpret how these classifications apply to your specific case and develop an appropriate defense strategy.
FAQ: Bryan Texas Prescription Drug Crimes Lawyer
What are prescription drug crimes?
Prescription drug crimes involve the illegal possession, distribution, or use of controlled substances or dangerous drugs that are typically only available with a valid prescription. These offenses can range from prescription drug fraud to illegal possession of prescription medications.
What are the penalties for prescription drug crimes in Bryan, Texas?
Penalties vary based on the specific drug offense, amount of drugs involved, and your prior criminal history. They can range from a Class C misdemeanor to a first degree felony, with potential consequences including:
- Fines
- Jail time or imprisonment
- Probation
- Permanent criminal record
- Loss of professional licenses
- Suspension of driver's license
What is considered a controlled substance in Texas?
Controlled substances are categorized into penalty groups under Texas drug laws. These include prescription medications like opioids, stimulants, and benzodiazepines, as well as illegal drugs like cocaine and heroin.
Is marijuana possession treated differently from other drug offenses?
While marijuana possession is still illegal in Texas, penalties may be less severe compared to other controlled substances. However, it can still result in serious legal consequences, especially for larger quantities.
What should I do if I'm facing drug crime charges in Bryan College Station?
If you're facing drug charges, it's crucial to:
- Exercise your right to remain silent
- Do not consent to searches without a warrant
- Contact an experienced criminal defense attorney immediately
How can a Bryan prescription drug crimes lawyer help me?
An experienced criminal defense attorney can:
- Evaluate the prosecution's evidence and case against you
- Identify potential violations of your rights, such as lack of probable cause for arrest
- Develop effective defense strategies
- Negotiate plea deals if appropriate
- Represent you throughout the legal process
- Work to minimize the legal consequences you face
What are some common defense strategies for drug crime cases?
Defense strategies may include:
- Challenging the legality of searches and seizures
- Questioning the chain of custody for evidence
- Arguing lack of knowledge or intent
- Exploring treatment options as alternatives to incarceration
- Identifying inconsistencies in the prosecution's case
Can prescription drug charges impact my professional life?
Yes, drug charges can have severe consequences for your professional life, including:
- Loss of professional licenses
- Difficulty finding employment
- Damage to your reputation
- Ineligibility for certain jobs or educational opportunities
What sets your law firm apart in handling drug crime cases?
Our law office:
- Has a proven track record in handling drug crime cases
- Employs former prosecutors who understand both sides of the legal system
- Offers personalized legal guidance throughout the process
- Has extensive experience in Bryan College Station's local courts
- Provides aggressive defense against drug charges
Do you offer a free consultation?
Yes, we offer a free consultation to discuss your case, explain your legal options, and help you understand the potential consequences you're facing.
What other types of cases does your law firm handle?
In addition to drug offenses, our criminal defense lawyers handle a wide range of cases including:
- Violent crimes (e.g., aggravated assault, sexual assault)
- DWI/DUI
- White collar crimes
- Evading arrest
- Misdemeanor assault
Remember, you're innocent until proven guilty. Don't face the legal system alone – contact our experienced Bryan, Texas, prescription drug crimes lawyer today for a free consultation and start building your defense.
Contact us at (979) 775-4100 and schedule a free consultation today.