Of all the drug crimes in Texas, trafficking is one of the most serious. Below, our Austin criminal defense lawyer outlines what constitutes this crime.
Drug crimes in Texas are taken very seriously. Drug trafficking is the most serious of these and the penalties for those convicted are harsh. They include long prison sentences, high fines, probation, and other consequences. To avoid the harsh penalties, it is imperative that you speak to an Austin criminal defense lawyer who can prepare the defense you need.
What are the Drug Trafficking Laws in Texas?
In Texas, drug trafficking refers to illegally producing, distributing, and selling controlled substances across national or state borders. Controlled substances involve any substance listed in the Texas Controlled Substances Act including hallucinogens, narcotics, and prescription drugs. Due to the fact that drugs must be transported, often across long distances, the crime typically involves a complicated network of individuals or organizations that transport and distribute the drugs together, usually for financial gain.
What Must the Prosecution Prove in a Drug Trafficking Case?
When trying a drug trafficking case, there are several elements of a case the prosecution must prove. These include:
- Possession of drugs: The defendant must have been in possession of unlawful drugs, either actual or constructive.
- Intent: The defendant must have intended to sell, distribute, or transport the illegal drug.
- Quantity: The quantity of drugs the defendant possessed must exceed a certain threshold, which varies depending on the specific drug.
- Knowledge: The defendant must have been aware of the illegal nature of the substances they possessed.
In addition to the above elements, the prosecution sometimes must try to connect the defendant to a larger conspiracy or criminal organization. This is only required in some cases.
Penalties for Drug Trafficking in Texas
In Texas, the penalties for drug trafficking vary depending on the quantity and type of drugs involved. They include:
- Long prison sentences, which can vary from many years to life imprisonment
- Fines that can be as high as hundreds of thousands of dollars
- Permanent criminal record, which can make obtaining housing, employment, and educational opportunities more challenging
- Forfeiture of assets, such as money, vehicles, and other property associated with the trafficking activity
- Parole, probation, and other court-sanctioned conditions upon release
The above are only the penalties levied by the state for those convicted of drug trafficking. There are also often federal drug trafficking penalties that apply.
Call Our Criminal Defense Lawyer in Austin Today
Being charged with drug trafficking is an extremely serious matter. Fortunately, the situation is not hopeless. There are multiple defenses available that can help you protect your freedom. At Granger and Mueller, PC, our Austin criminal defense lawyers can review these with you and build the strong case you need to beat the charges or get them reduced. Call us today at (512) 474-9999 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.