Drug Possession – Heroin

Being charged with possession of heroin can be a life-changing event. Not only are you facing possible prison time, you are no doubt embarrassed of the situation you find yourself in. Whether you admit that you have a drug problem or if you are innocent of the charges against you, a local defense attorney may be able to help you get the best results possible in court.

Heroin is considered a highly addictive drug, and for this reason, the penalties are severe under Texas law. When you are arrested for heroin possession, it’s easy to feel like no one is on your side, that no one believes your version of events or cares whether you rot in prison. Your attorney, however, can be your one tireless advocate when up against such harsh penalties.

Texas drug laws are notoriously strict, and this is especially true when dealing with a drug like heroin.

Texas Heroin Possession Penalties

The table below represents the maximum allowable penalties under Texas law, classified by the amount of heroin you are accused of having.

Amount of HeroinOffense ClassificationPotential Penalty
Less than 1 gramState jail felonyUp to 2 years in prison and $10,000
1 gram- 3.99 grams3rd degree felony2-10 yrs. in prison and $10,000
4- 199 grams2nd degree felony2- 20 yrs. in prison and $10,000
200- 399 grams1st degree felony5- 99 yrs. in prison and $10,000
400 grams +Enhanced 1st degree felony10- 99 yrs. in prison and $100,000

As you can see, Texas lawmakers pulled no punches when determining the amount of time one can serve for heroin possession. Fortunately, it’s rare to see someone sentenced to the maximum allowable sentence.

Texas Plea Agreements – Possession

The vast majority of heroin possession cases end in a plea agreement. This is where the defendant (you) come to an agreement with the prosecution on a more lenient sentence if you agree to plead guilty. In many cases, especially for first-time offenders, you can avoid jail time altogether and instead serve a period of probation.

Drug Courts

Another sentencing alternative can be found in the Texas drug courts. These courts were designed to encourage rehabilitation. They require a period of intense supervision with regular check-ins. The drug court programs are not easy but they are better than a prison sentence and can actually help those defendants who admit they have a drug problem.

If you are charged with possessing heroin in the state of Texas, you need someone on your side. Let us put you in touch with a local attorney today.

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