Drug Possession: Heroin

Possession of heroin is a serious crime and penalties are severe under Texas law. The drug is considered highly addictive, so the possession of it leads to harsher consequences than minor drugs. Texas drug laws are some of the harshest in terms of penalties after a conviction. According to the website of the Mark T. Lassister, a drug possession charge may affect the personal relationships and professional future of the convicted person.

The following shows the maximum penalty charges under Texas law:

Amount of Heroin Offense Classification Prison Sentence Fined Penalty
Less than 1 gram State Jail Felony Up to 2 years $10,000
1 gram- 3.99 grams 3rd Degree Felony 2- 10 years $10,000
4 grams- 199 grams 2nd Degree Felony 2- 20 years $10,000
200 grams- 399 grams 1st Degree Felony 5- 99 years $10,000
More than 400 grams Enhanced 1st Degree Felony 10- 99 years $100,000

Many heroin possession cases end in plea agreements. This means that the defendant pleads guilty to the drug charges in return for a lesser sentence than would be given if the case went to trial. Plea agreements often result in little to no jail time in minor possession cases or first time offenders.

Another sentencing alternative is also drug court. These courts are specialized to handle drug related cases. They are designed to promote rehabilitation instead of forcing the defendant to a prison sentence. While the drug courts are an alternative to prison time, they are no less intense. Most require constant supervision and regular random check-ins through their drug court programs. These courts are more helpful to defendants seeking help for drug problems.

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