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DRUG CRIMES

A drug related crime is a crime to possess, manufacture, or distribute illegal narcotics.  In federal court, the most common drug charge is a conspiracy to possess, manufacture, or distribute drugs.  Whether the charges are in state or federal court, drug related offenses often have sentencing minimums depending on the quantity or weight of the drugs. 

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In Texas, minimum sentences for drug crimes vary widely depending on the type and quantity of the controlled substance involved.  For Marijuana, possession of under 2 ounces is a Class B misdemeanor while possession of 2-4 ounces is a Class A misdemeanor.  Possession of over 4 ounces is a Felony and the sentencing range is dependent on the total quantity.  For other Controlled Substances - which are grouped into "Penalty Groups" - possession of small amounts can range from Class B misdemeanors to state jail felonies depending on the specific drug and quantities, while possession of larger quantities bring felony charges with sentences potentially ranging from 2 years to life imprisonment.  A charge of Manufacturing, Delivering, or Possessing with Intent to Deliver generally carries harsher penalties than simple possession, with potential for longer mandatory minimum sentences. 

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Federal court considers the type and quantity of drugs to determine the offense level under Federal Sentencing Guidelines §2D1.1.  Certain drugs and quantities can result in "mandatory minimums," which is a statutory minimum sentence a court can impose.  In rare cases, however, it is possible to receive a sentence below the mandatory minimum.

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There are many factors that can influence the sentence for drug offenses in both state and federal court.  For example, courts consider:  prior criminal history, specific drug type and quantity, involvement in other criminal activity, and other mitigating or aggravating factors like the defendant's specific role or involvement in the conspiracy. 

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Having a thorough understanding of both the law and the facts of each case is crucial when deciding the best defense for drug related offenses.  

THE KNOX FIRM

P: 214.741.7474

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Dallas, Texas 75202

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