When most people hear that someone is facing drug possession charges, they often assume that they have to do with substances such as cocaine, marijuana, heroin or methamphetamine. Few individuals fail to take into account how the possession of prescription drugs can be illegal here in Texas.
Title 6, Subtitle C, Chapter 481, Section 481.115 - 481.123 of the Texas Health and Safety Code spells out how it's illegal for someone to knowingly possess a controlled substance that a doctor hasn't prescribed for them.
Both state and federal lawmakers have taken time to classify drugs into different categories referred to as schedules. They've included many often abused and highly addictive prescription drugs on this list. Any controlled substance that lawmakers classify as Schedule I drug is highly addictive, whereas Schedule V ones have some recognized medicinal value.
Texas prosecutors often base a defendant's charges on numerous factors. It matters what type and how much of a drug an individual possessed. A defendant might face additional charges if they possessed drug paraphernalia as well.
A judge or jury may consider how a defendant tried to conceal a drug and whether the defendant had any prior convictions when deciding how it's best to sentence them.
Prosecutors may prosecute drug crimes as either misdemeanors or felonies.
Class B misdemeanors carry penalties of up to $4,000 in fines and a year-long jail sentence. Defendants that face first-degree felony drug charges may have to pay as much as $250,000 in fines. They could face a sentence of a lifetime in state prison.
Prosecutors take a hard stance when dealing with drug crimes defendants. You must put up a strong defense against such charges if you wish to avoid jail time and hefty fines. An attorney can advise you of the penalties that you're facing if a jury or judge convicts you of such offenses in your Corpus Christi case.