In the state of Texas, there are four different drug classes, and each class has its own penalties depending on the circumstances involved and your criminal background. Listed in Penalty Group 1 is heroin. Cocaine and methadone are included in this group as well. If any kind of violence occurred while possessing or using heroin or if there were children around at the time, then the penalties can be worse.
Factors that can often decide your punishment when it comes to heroin include whether or not you manufactured the drug, distributed it or simply possessed it on your person. Possession means that you physically had the drug on you at the time you were questioned or arrested. Manufacturing is one of the drug charges involving heroin that consists of having the equipment needed to make, sell or use the drug. If you’re charged with delivering or distributing, then this would mean that you have in some way given the drug to another person or put it in something that is in their possession.
In most situations, a drug charge involving heroin is a felony in Texas. Up to 1 gram of heroin is punishable by spending 180 days to two years in prison and a fine of up to $10,000. If you’re in possession of more than 4 grams, then you may be charged with a second-degree felony, which could result in up to 20 years in prison and fines of up to $10,000. In the event that you’re in possession of 400 grams or more of heroin, then you could be sentenced to life in prison.
Although there are multiple drug charges in Texas, heroin possession and manufacturing are among the most serious. Fighting the charges may might you avoid a conviction and the associated penalties.