Possession of Heroin in Texas

May 27, 2020 @ 07:41 AM — by Jason Trumpler, P.C.

Tagged with: Drug Possession Possession Of Heroin Criminal Defense

Possession of Heroin Attorney in Austin, Texas

CONTACT US 512-457-5200

Heroin, in its most common form, is a highly addictive opioid, usually smoked, snorted, or injected for its euphoric effects. The Texas Health and Safety Code classifies Heroin as a Schedule I drug, meaning that it poses a high likelihood of abuse and has no medical merit. Therefore, law enforcement treats "Possession of Heroin" very seriously. The State may even charge a small amount (anything under one gram of Heroin) as a felony. In Texas, this includes a "trace" amount. A felony conviction can have grave consequences on your career and future employment and housing opportunities, as well as affect relationships with loved ones.

If the State has charged you or someone you know with "Possession of Heroin," a robust legal team can help your chances of getting the best possible outcome on your case. Jason Trumpler is an aggressive and experienced criminal defense attorney with 20-years of experience. Contact our office today at 512-457-5200.

We are not only serious about getting you the best result in court possible when it comes to your possession of a controlled substance charge, but we are also committed to getting you the help you need to combat your addiction. We have helped countless clients combat addiction over the years.

Potential Consequences

In the State of Texas, the prosecution must prove that you knowingly had Heroin on your person. Some counties offer what is called a "drug diversion program" or "drug court" program. Courts and prosecutors reserve these programs for non-violent drug offenders with a clean background. Instead of jail time, drug diversion programs seek to rehabilitate offenders through mandatory classes, meetings with probation officers, periodic urinalysis, etc. Typically, if you complete a drug diversion program with no violations, your charge may be dismissed. A well-equipped attorney may be able to help you get admitted into one of these programs.

However, if the State convicts you of "Possession of Heroin," you will be a convicted felon. The State bases punishment on the amount of Heroin.

Potential Consequences for Possession:

Less Than One Gram:
- State Jail Felony.
  - Punishment Range
    - Six Months to Two Years in State Jail.
    - Fine Up to $10,000
One to Four Grams:
- 3rd-Degree Felony.
  - Punishment Range
    - Two to Ten Years in the Texas Department of Criminal Justice Institutional Division
    - Fine Up to $10,000 fine
Four to 200 grams:
- 2nd-Degree felony.
  - Punishment Range
    - Two to Twenty Years in the Texas Department of Criminal Justice Institutional Division
    - Fine Up to $10,000 fine.
Over 200 grams:
- 1st-Degree Felony.
  - Punishment Range
    - Minimum of Ten years and Up to Life in the Texas Department of Criminal Justice Institutional Division
    - Up to $10,000 Fine.

There are separate, more severe consequences for "Possession of Heroin" with the intent to sell. The prosecution will determine whether you had the intention to sell by the presence of things like baggies, scales, etc. In "State Court," prosecutors charge possession with intent to sell as Manufacture or Delivery of a Controlled Substance. Federal criminal courts also maintain concurrent jurisdiction.

Contact Us at 512-457-5200

If the State has arrested you or someone you know for Possession of Heroin, contact our office today. Jason Trumpler has successfully represented hundreds of non-violent drug offenders in court, resulting in reduced or completely dismissed charges. He practices in Central Texas counties, including Travis, Williamson, Hays, Bastrop, Burnet, Bell, Comal, and Lee. Call us today at 512-457-5200.