Aggressive Criminal
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Can drug possession result in a jail sentence in Texas?

On Behalf of | Drug crimes |

Individuals accused of drug offenses in Texas are often very anxious about their future. They may also feel quite anxious and embarrassed about their pending charges. It is relatively common for those accused of drug possession to plead guilty. They hope to speed up the criminal court process by avoiding a trial.

Some people also expect the courts to be more lenient with them if they are cooperative. While that may be a reasonable expectation, the Texas criminal courts have to abide by state statutes. The penalties handed down must align with the sentencing guidelines established in state law.

The unfortunate reality for most people accused of even a simple possession offense is that a guilty plea or conviction is likely to result in jail time.

How much jail time is possible?

The drug statutes in Texas are relatively thorough. The penalties individuals face depend on both the classification of the drug and the weight of the drug. Prior convictions can also influence how the courts handle the case. People can face misdemeanor or felony charges depending on the circumstances.

Only the least serious drug charges possible allow defendants to avoid jail time. Those accused of a Class C misdemeanor possession offense may only have to pay a fine of up to $500. What many people don’t realize is that only paraphernalia possession counts as a Class C misdemeanor.

The possession of an actual prohibited or controlled drug in any amount typically results in a Class B misdemeanor charge or a more serious charge. Class B misdemeanors can result in up to 180 days in jail.

Class A misdemeanors can lead to up to a year in state custody. State jail felonies carry up to two years in state jail. Any other felony carries a minimum jail sentence of at least two years, but the most serious charges can result in anywhere from five to 99 years in prison.

The possibility of jail time is one of many reasons why fighting drug charges is often a better option than pleading guilty. Learning more about how the state handles drug offenses can help people choose the best path forward after an arrest for an alleged drug offense.

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