- Penalty Group 2-A – Artificial chemical compounds that mimic cannabinoids (like K2 and Spice) fall under Penalty Group 2-A. Those found possessing less than two ounces will face a Class B misdemeanor. Possession of 2 to 4 ounces of a PG 2-A drug will be charged as a Class A misdemeanor. Any amount above 4 ounces will result in felony charges. While smaller amounts carry a punishment of up to 1 year in jail, large amounts can result in 5 to 99 years in prison and a maximum fine of $50,000.
- Penalty Group 3 – This group is made up of opiates and opioids that do not fall under Penalty Group 1, including methylphenidate (Ritalin), benzodiazepines, Valium, anabolic steroids, and a range of prescription drugs that have either a depressant or stimulus effect. Possession of a small amount of a PG 3 substance is charged as a misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Possession of 28 grams or more is a felony. Those found with more than 400 grams of a PG 3 substance in their possession could face up to 99 years in prison and a max fine of $50,000.
- Penalty Group 4 – Many prescription medications and the chemical compounds that make up those medications fall under Penalty Group 4. Possession of less than 28 grams of a PG 4 drug is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of $2,000. If the amount is over 28 grams, the offender will face felony charges. Those who possess more than 400 grams could go to prison for 5 to 99 years and be required to pay a fine of up to $50,000.
Can you get probation for a felony drug charge in Texas?
In Texas, you can probation for a felony drug charge. If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree. If you are arrested for a state jail felony drug charge, then the normal range of punishment is a minimum of 6 months and a maximum of 2 years in the State Jail and up to a $10,000 fine. You many also be eligible for community supervision (probation), which requires a minimum 2 year and a maximum 5 year probation sentence. If you have been arrested on a state jail drug possession charge (the most common type of felony drug charge in Texas), then it’s important to know that probation is the preferred outcome under the law. Even when you have criminal history and may have been arrested in the past for a felony drug charge, as long as you were never convicted, then the Court HAS to give you probation under the law
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The penalties for drug offenses can ruin a person’s life. With so much at stake, you need an aggressive lawyer who has the knowledge and experience to fight for your rights. When you go with Underwood & Associates, you will benefit from working with a smart, successful McKinney drug crime lawyer who knows the ropes, and understands the science, and who will do what it takes to obtain the best results possible in your case.
To begin formulating your strongest defense, call (972) 449-7091 now. We win when it counts!