Heroin is classified as a dangerous drug in Texas. Any person caught in possession of any amount of the drug will face a felony drug possession charge. Due to the addictive and dangerous nature of the drug, criminal offenses involving heroin are considered severe.
However, due to the proliferation of addiction brought on by prescription painkillers and other medications, some offenders who are users of the drug may be able to avoid jail and a conviction. In some instances, Texas drug courts may allow an offender to avoid a conviction by completing a drug treatment or other interventive program. Although the availability of such programs isn’t guaranteed, with a knowledgeable lawyer as your counselor, you’ll be made well aware of your rights and options following an arrest for heroin possession.
If you were arrested in the Houston area and charged with heroin possession or know someone who needs legal representation, the Strauss Law Firm provides affordable, effective legal representation to individuals charged with drug offenses in Houston.
To contact the Strauss Law Firm or to learn more about the potential for getting a heroin possession charge dismissed, place a friendly phone to call our office by calling 713-586-9200.
Heroin Possession & Texas Law
A General Overview
Heroin is classified as a Penalty Group 1 drug, or PG1, along with codeine, methadol, morphine, and a host of other controlled substances outlined in the Texas Controlled Substances Act.
Punitive Consequences if Convicted of Heroin Possession
To possess any amount of heroin is a felony offense in the State of Texas. Consequences for possession of the drug are directly related to the quantity of the drug the accused party is alleged to have possessed.
Outlined below is a table which illustrates how the criminal classification of a felony heroin possession charge is tied to the amount of the drug..
| Quantity | Classification | Penalty |
|---|---|---|
| Under 1g |
State Jail Felony | 180D - 2Y State Jail |
| 1 to 4g |
Felony: 2nd Degree | 2-20 Years TDCJ |
| 4 to 200g |
Felony: 1st Degree |
5-99 Years TDCJ |
| 200 to 400g |
Enhanced Felony 1 |
10-99 Years TDCJ |
| Over 400g |
Enhanced Felony 1 | 15-99 Years TDCJ |
A person can be charged with the felony offense by having active possession or control of a location where the drug is stored. The stakes are raised considerably if a person is arrested or charged with the manufacture & delivery of the substance. If a person is accused of the manufacture & delivery of the drug, the criminal classification of their charge will be enhanced to the next level of severity.
Understanding Criminal Enhancements
For example, a case involving 1-to-4 grams of heroin is classified as a Felony in the Third Degree which carries a potential prison sentence of 2-to-10 years. However, if the individual was trafficking 1-to-4 grams of heroin, manufacturing, or selling it, their charge will be enhanced to a Felony in the Second Degree, which could mean a prison sentence of 2-to-20 years.
Accused of Heroin Possession in Houston, TX?
The Strauss Law Firm Can Help You. Call Brandon!
Attorney Brandon Strauss is one of Houston’s leading criminal defense lawyers for fighting felony drug charges. If you or a loved one are looking for options to defend against allegations of heroin possession, you’re encouraged to call the Strauss Law Firm today.
The Strauss Law Firm provides affordable legal representation, free case evaluations, flexible payment options and excellent legal representation. To get started or to learn more about the potential for getting your case dismissed, call Attorney Brandon Strauss at 713-586-9200.
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