We are the only law firm in Texas that has three attorneys who have earned the ACS-CHAL Lawyer-Scientist designation from the American Chemical Society.

Heroin Charges

Thanks to the Opioid Crisis, the United States has seen a sharp increase in the use of heroin. Once considered a “street drug,” heroin has become more prevalent across American culture due to several factors. Over the years it’s been reported that heroin use has been found in men and women, of most age groups, and all income levels. Most users are unfortunately chronic pain sufferers who were taken off muscle relaxer medications and have resorted to illegal drugs such as heroin to handle their addiction.

No matter the circumstances of the usage, it’s a fact that possessing, selling or manufacturing heroin is a serious crime. A conviction for heroin possession can mean serious fines and even time behind bars. That is why we highly recommend you hire a experienced drug defense attorney if you’ve been charged with heroin possession, sale or manufacturing.

Conroe Attorney for Heroin Crimes in Texas

Understanding your charges is the first step to having a sturdy defense. The second is to hire excellent legal representation that can guide you through the legal process. Do what’s best for you and hire the attorneys at Evans & Powell, PLLC for experienced legal representation. Our attorneys have been practicing for years and understand what it takes to defend a serious drug-related charge.

You can contact us by calling (713) 622 - 2000 or set up your first consultation free. You will meet with one of our attorneys to find out what your available legal options are. We represent people in Conroe and throughout the greater Montgomery County area including New Caney, Willis, Splendora, Montgomery and Pinehurst.

Overview of Heroin Charges in Texas


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Penalties for Possessing Heroin in Texas

Since heroin has been classified as a Penalty Group 1 drug a conviction can mean serious consequences. Possessing even trace amounts of a gram of simple residue on a pipe or syringe can lead to a felony-level charge. It’s important you understand the penalties associated with heroin possession before you enter a courtroom, so you understand what you’re up against.

Listed below are the maximum penalties for heroin possession in the state of Texas.

 

Amount Possessed

Sentence 

Jail or Prison Time

 

Fine

Less than 1 gramState Jail Felony12 months in jail$10,000
1 gram to 4 gramsThird-Degree Felony10 years in prison$10,000
4 grams to 200 gramsSecond-Degree Felony20 years in prison$10,000
200 grams to 400 gramsFirst-Degree Felony99 years or life imprisonment$10,000
400 grams or moreFirst-Degree FelonyLife imprisonment, with a minimum of 10 years.$100,000

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Penalties for Delivering or Manufacturing Heroin in Texas

When there are signs of heroin sale or manufacturing, it’s likely the state of Texas will enhance your charges. Certain factors such as having a surplus amount of heroin for one person or having paraphernalia around such as baggies or scales can give prosecutors reason to enhance your penalties even further.

Listed below are the penalties for selling or manufacturing heroin in Texas.

 

Amount Possessed

Sentence 

Jail or Prison Time

 

Fine

Less than 1 gramState Jail Felony24 months in jail$10,000
1 gram to 4 gramsThird-Degree Felony10 years in prison$10,000
4 grams to 200 gramsSecond-Degree Felony20 years in prison$10,000
200 grams to 400 gramsFirst-Degree Felony99 years or life imprisonment with a minimum sentence of 10 years$100,000
400 grams or moreFirst-Degree FelonyLife imprisonment, with a minimum of 15 years.$1250,000

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What Happens If Manufacture or Sale of Heroin Causes Death or Serious Injury?

Heroin is not only a powerful drug that can induce addiction, but it’s deadly. According to the Center for Disease Control and Prevention (CDC), it was found that nearly 494,000 people died from heroin-involved overdoses in 2017. Many heroin users mix the drug with other substances or aren’t even aware that heroin is laced into another substance like fentanyl. In 2013, the CDC reported that more than nine in 10 people who used heroin mixed it with at least one drug.

The surge of heroin-related overdose deaths has caused Texas to implement laws that enhance heroin sell or manufacture if it leads to serious injury or death. Essentially, if you sell or manufacture heroin and someone dies from that batch, then your penalties will be elevated even further. This means you can face harsher penalties even if the user mixed the heroin with other substances recklessly or carelessly.

If your delivery or manufacture of heroin lead to serious injury or death to another person, then you will have your charges increased to a first-degree felony. You will have to face at least a minimum of 5 years in prison and a possible maximum of life in prison. In addition, you will be required to pay up to $10,000 in fines to the court.


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Additional Resources

Texas Laws on Drugs – Visit the official website for Texas laws and learn more about the Controlled Substances Act to learn more about the states’ laws drugs such as heroin. Access the site to learn the different penalty groups, drug-free zones, and options for drug court.

Montgomery County Drug Court – Visit the official website for the Montgomery County Courts to learn more about their drug court program. Learn how you can possibly have your charges dismissed if you complete the drug and rehabilitation program.


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Heroin Defense Lawyer in Conroe, Texas

If you or someone you know has been arrested for a heroin or other drug-related offense, then it’s important you get in contact with an experienced criminal defense attorney. Our lawyers at Evans & Powell, PLLC have been practicing for years and will do whatever it takes to defend your case.

You can set up your first appointment free by simply dialing (713) 622 - 2000. Our defense attorneys will sit with you and discuss a future defense plan for your case. Evans & Powell, PLLC represents people throughout the greater Montgomery County area including Conroe.


 

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