Harsh Penalties In Texas For Heroin Charges

Heroin is a dangerous drug that is acutely addictive. It doesn’t have any known medical uses and is classified in the most restrictive category of the Controlled Substances Act, which means there is never a case in which it would be legal on a federal level.

Texas laws are very strict when it comes to this drug. All charges related to heroinare felonies that can land you in jail or prison.

Selling Heroin:

  • Less than 1 gram is a state jail felony
  • From 1 to 4 grams is a second degree felony
  • From 4 to 200 grams is a first degree felony
  • From 200 to 400 grams has a minimum incarceration sentence of 10 years to life
  • More than 400 grams has a minimum incarceration sentence of 15 years to life

Selling to a minor who is currently enrolled in a school or within any drug-free zone has enhanced penalties.

Possession of Heroin:

  • Less than 1 gram is a state jail felony
  • From 1 to 4 grams is a third degree felony
  • From 4 to 200 grams is a second degree felony
  • From 200 to 400 grams is a first degree felony
  • More than 400 grams has a minimum incarceration sentence of 10 years; life is possible

Drug Court Comes Into the Picture

If you are addicted to heroin and are facing criminal charges for possession, you are in the midst of a rough journey. In some cases, you might be eligible to participate in drug court, which lasts 12 to 18 months. This is a program meant for non-violent people who admit they have a problem and are ready to take action to get sober and stay that way. It combines the oversight of the criminal court system with the help that you need to go through rehabilitation and live your life without heroin. If you are serious about wanting to move beyond the addiction and live a productive life, this might be an answer to your current legal woes.

Know Your Options

Defendants who are facing charges for heroin need to learn of options as early in the process as possible. Whether you want to go through drug court, have a jury trial or enter into a plea deal, you cannot rush through a decision. Starting out as soon as you know you’re facing charges will be to your advantage.


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