Drug trafficking in Dallas is generally defined as the manufacture, delivery, sale, or importation of illegal drugs across state or national borders, or throughout the state. Drug trafficking is a felony offense in Texas and can result in serious penalties, including imprisonment, fines and/or a criminal record. In addition to criminal drug charges in Texas, an alleged drug offender can face federal drug trafficking charges, which can result in lengthier prison sentences and steeper fines.
If you have been accused of drug trafficking in Dallas, your criminal charges do not have to result in a conviction. The state prosecutor must prove you committed every element to the offense beyond a reasonable doubt. This can be a very difficult burden to prove, any doubt the judge or jury may have can result in a reduction or dismissal of the charges against you. Therefore, it is important to consult a Dallas drug defense attorney who will help you create your most ideal legal defense for your unique case.
Drug Trafficking Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Richard McConathy is knowledgeable in all areas of Dallas’ drug laws and will make every effort to help you achieve the most desirable outcome in your particular situation.
Dallas Controlled Substance Penalty Groups
All controlled substances, including medications, medications without prescriptions, prescription pills, narcotics, hallucinogens, stimulants, depressants, street drugs, chemicals, man-made substances, and natural substances are classified into four different penalty groups in the Texas Controlled Substances Act. As defined in the Texas Health and Safety Code §§ 481.101 – 105, the penalty groups are used to classify different substances for the purpose of establishing punishments for drug trafficking offenses.
- Penalty Group I (PG-1) – Substances in this group can include cocaine, codeine, methadone, GHB, heroin, methamphetamines, meth, morphine, oxycodone, oxycontin, speed, hydrocodone, the Date Rape Drug, Gamma-hydroxybutyric acid, Special K, and ketamine.
- Penalty Group I-A (PG-1-A) – The substance in this penalty group Lysergic acid diethylamide, which is also known as LSD.
- Penalty Group II (PG-2) – Substances in this group can include bath salts, MDMA (ecstasy), Psilocybin, cathinone, and magic mushrooms.
- Penalty Group III (PG-3) – Substances in the group can include Xanax, Ambien, Valium, Zolpidem, Lysergic acid, and drugs containing small amounts of narcotics.
- Penalty Group IV (PG-4) – Substances in this penalty group can include substances with limited quantities of narcotics that also contain one or more non-narcotic active medical ingredients.
Chapter 12 of the Texas Penal Code lists the penalties for drug trafficking offenses throughout Dallas. However, the penalties for drug trafficking offenses can increase depending on whether the alleged offender has any previous criminal convictions, whether the offense resulted in serious bodily injury, whether the alleged offender used a weapon during the commission of the offense, and whether a child under the age of 18 was involved in the offense.
Drug Trafficking in Penalty Group 1 in Dallas
According to the Texas Health and Safety Code § 481.112, an individual can be charged with drug trafficking if they knowingly deliver, possess with the intent to deliver, or traffic a substance listed in Penalty Group I.
The penalties for drug trafficking in Penalty Group 1 are as follows:
- An individual charged with drug trafficking a substance in Penalty Group 1 can be convicted of a state jail felony, which is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000 if the weight of the substance is less than one gram.
- An individual charged with drug trafficking a substance in Penalty Group 1 can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years in prison and/or a fine up to $10,000 if the weight of the substance is one gram or more but less than four grams.
- An individual charged with drug trafficking a substance in Penalty Group 1 can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years in prison or life imprisonment and/or a fine up to $10,000 if the weight of the substance is four grams or more but less than 200 grams.
- An individual charged with drug trafficking a substance in Penalty Group 1 can be convicted of a life felony, which is punishable by a prison sentence ranging from 10 years to 99 years or life imprisonment and/or a fine up to $100,000 if the weight of the substance is 200 grams or more but less than 400 grams.
- An individual charged with drug trafficking a substance in Penalty Group 1 can face a prison sentence ranging from 15 years to 99 years or life imprisonment and/or a fine up to $250,000 if the weight of the substance is 400 grams or more.
Dallas Drug Trafficking in Penalty Group 1-A
According to the Texas Health and Safety Code § 481.1121, an individual can be charged with drug trafficking if they knowingly deliver, possess with the intent to deliver or traffic a substance listed in Penalty Group I-A.
The penalties for drug trafficking in Penalty Group 1-A are as follows:
- An individual charged with drug trafficking a substance in Penalty Group 1-A can be convicted of a state jail felony, which is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000 if the number of units of the substance is less than 20.
- An individual charged with drug trafficking a substance in Penalty Group 1-A can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years in prison and/or a fine up to $10,000 if the number of units of the substance is 20 or more but less than 80.
- An individual charged with drug trafficking a substance in Penalty Group 1-A can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years in prison or life imprisonment and/or a fine up to $10,000 if the number of units of the substance is 80 or more but less than 4,000.
- An individual charged with drug trafficking a substance in Penalty Group 1-A can be convicted of a life felony, which is punishable by a prison sentence ranging from 15 years to 99 years or life imprisonment and/or a fine up to $250,000 if the number of units of the substance is 4,000 or more.
Drug Trafficking in Penalty Group 2 in Dallas
According to the Texas Health and Safety Code § 481.113, an individual can be charged with drug trafficking if they knowingly deliver, possess with the intent to deliver or traffic a substance listed in Penalty Group 2.
The penalties for drug trafficking in Penalty Group 2 are as follows:
- An individual charged with drug trafficking a substance in Penalty Group 2 can be convicted of a state jail felony, which is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000 if the weight of the substance is less than one gram.
- An individual charged with drug trafficking a substance in Penalty Group 2 can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years in prison and/or a fine up to $10,000 if the weight of the substance is one gram or more but less than four grams.
- An individual charged with drug trafficking a substance in Penalty Group 2 can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years in prison or life imprisonment and/or a fine up to $10,000 if the weight of the substance is four grams or more but less than 400 grams.
- An individual charged with drug trafficking a substance in Penalty Group 2 can be convicted of a life felony, which is punishable by a prison sentence ranging from 10 years to 99 years or life imprisonment and/or a fine up to $100,000 if the weight of the substance is 400 grams or more.
Dallas Drug Trafficking in Penalty Group 3 or 4
According to the Texas Health and Safety Code § 481.114, an individual can be charged with drug trafficking if they knowingly deliver, possess with the intent to deliver, or traffic a substance listed in Penalty Group 3 or 4.
The penalties for drug trafficking in Penalty Groups 3 or 4 are as follows:
- An individual charged with drug trafficking a substance in Penalty Groups 3 or 4 can be convicted of a state jail felony, which is punishable by a jail sentence ranging from 180 days to two years and/or a fine up to $10,000 if the weight of the substance is less than 28 grams.
- An individual charged with drug trafficking a substance in Penalty Groups 3 or 4 can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years in prison and/or a fine up to $10,000 if the weight of the substance is 28 grams or more but less than 200 grams.
- An individual charged with drug trafficking a substance in Penalty Groups 3 or 4 can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from five to 99 years in prison or life imprisonment and/or a fine up to $10,000 if the weight of the substance is 200 grams or more but less than 400 grams.
- An individual charged with drug trafficking a substance in Penalty Groups 3 or 4 can be convicted of a life felony, which is punishable by a prison sentence ranging from 10 years to 99 years or life imprisonment and/or a fine up to $100,000 if the weight of the substance is 400 grams or more.
How to Beat a Drug Trafficking Charge
An accusation of criminal activity is not a declaration of guilt. You still have an opportunity to defend yourself before your fate is decided. This is true even for a serious charge like drug trafficking. There are several possible defenses available for you and an experienced drug crimes attorney to consider.
Duress may be presented as a defense to drug trafficking charges. This defense is defined by Texas Penal Code Section 8.05 as one of Texas’s general principles of criminal responsibility. Also called coercion, duress is the threat of imminent death or extreme physical injury to you or anyone else.
If we can demonstrate in court that you were trafficking drugs under duress, you stand a good chance of having your charges dropped or reduced. If you committed a crime to avoid serious physical injury or death, you were robbed of your free will. You shouldn’t have to pay for a crime you had no choice but to commit.
Another possible defense is that the drugs located at the time of arrest were not yours. If the drugs were located in a common area, accessible by other people, then it is up to the police to prove constructive possession. The elements that must be proven beyond a reasonable doubt for a constructive possession charge include:
- You knew about the drugs;
- The drugs were on or near your property; and
- You were able to maintain control over the drugs.
Finally, it may be possible to file what is called a motion to suppress evidence if it appears that police did not follow proper procedure in conducting a traffic stop, searching you and your property, or executing the arrest.
Find A Dallas County Defense Attorney for Drug Trafficking Charges | Law Offices of Richard C. McConathy
If you have been arrested or charged for Drug Trafficking find a lawyer that will work with you to resolve the charges, minimize the time served, and help fight the case. Richard McConathy is an aggressive criminal defense attorney in Dallas who will make every effort to fight the allegations against you.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.