The Serious Nature of a Controlled Substance Conviction

Harris County drug crimes defense attorney

 

Every year, thousands of Americans are arrested for crimes related to illegal drugs, known as controlled substances. A controlled substance charge can come with serious ramifications, including a misdemeanor or felony conviction on your criminal record, substantial jail time, a lengthy term of probation, and termination of employment. If you have been arrested on a controlled substance charge, it is paramount to contact a criminal defense attorney as soon as possible.

The Severity of Controlled Substance Charges in Texas

When it comes to controlled substance charges in the state of Texas, the severity of the charges depends on the type of drug, the amount of the drug, and the intent of the possessor. For instance, someone possessing drugs that fall within Penalty Group 1 (such as heroin), will not face the same consequences as someone possessing a Group 2 drug (such as PCP).

Prosecutors typically use the amount of the substance that a person possesses, along with other factors, when determining the intent of the possessor. Thus, charges increase in severity as the amount of narcotics increase.

Looking specifically at Penalty Group 1 drugs, the Texas Penal Code provides that a person possessing less than one gram will face a state jail felony. Possession of between one and four grams is a third degree felony, a second degree for between four and 200 grams, and a first degree felony for 200 to 400 grams. However, manufacturing or possessing these drugs with intent to deliver can lead to increased charges, and for larger amounts, a person may face prison sentences of at least 10 years to life.

Controlled substance charges should be taken very seriously. Possession of just five grams of a Penalty Group 1 drug, a second degree felony, can be punished by between two and 20 years in prison. Possessing less than four grams could lead to a sentence of up to 10 years, as well as fines of up to $10,000. These harsh sentences demonstrate the critical importance of having quality legal representation.

Contact a Houston Drug Crimes Defense Lawyer

When facing a controlled substance charge, hiring a skilled criminal defense lawyer can make the ultimate difference in fighting these charges or reducing the potential penalties you may face. Attorney Nathaniel Pitoniak has years of experience aggressively representing clients facing criminal charges. From marijuana to methamphetamine, any controlled substance charge can lead to monumental changes in your life, and it is essential to have a dedicated advocate fighting for your rights. To set up a free consultation with a knowledgeable Harris County criminal defense attorney, call us today at 832-315-6283.

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

The Difference Between Sexual Assault and Aggravated Sexual Assault

Houston aggravated sexual assault defense lawyer

Every year, thousands of Americans are accused of sex crimes. In many cases, these acts can be exaggerated or even fabricated. Once accused of a sex crime, one faces an uphill battle. A sex crime conviction can come with substantial jail time, severe fines, job termination, and a negative reputation in the community for the rest of one’s life.

That said, some sex crimes come with even greater consequences than others. If you have been accused of a sex crime, it is important to understand the legal, financial, and occupational ramifications of a guilty conviction. Below we will discuss the differences between a sexual assault charge and an aggravated sexual assault charge in the state of Texas

Sexual Assault Under Texas Law

According to the Texas Penal Code, sexual assault is legally described as an act in which a person intentionally penetrates someone’s mouth, anus, or sexual organs without proper consent. The inability to grant proper consent can legally mean a number of things, including: having sex with a person 17 years of age or younger, when the victim is unconscious and thus unable to grant consent, or when the alleged rapist utilized the power of their position (occupational hierarchy, police officer, etc.) to engage in sexual misconduct.

A sexual assault conviction can come with massive, lifelong implications. A sexual assault charge is a second degree felony in the state of Texas and carries a two year minimum prison sentence (although those convicted could face up to twenty years in prison), a fine of up to $10,000, as well as forced lifelong registration as a sex offender.

Aggravated Sexual Assault

Here in the state of Texas, an aggravated sexual assault conviction can come with an even more severe legal punishment. According to the Texas Penal Code, an aggravated sexual assault is defined as when a person intentionally, knowingly, or recklessly causes or threatens harm to another person through a sexual attack, without consent. What makes an aggravated assault more serious is the presence of an aggravating factor.

Aggravating factors include sexual actions with a youth under the age of 14, causing bodily harm or fatal injuries to the victim, causing the victim to fear for their life, the use of drugs to incapacitate the victim, or the presence of an additional perpetrator.

Unlike a sexual assault conviction, which carries a second degree felony, an aggravated assault conviction comes with a first degree felony charge. This means that the convicted party would face increased prison time (including a minimum sentence of 25 years if the victim is 14 years of age or younger), as well as more substantial monetary fines.

Contact a Houston Criminal Defense Lawyer

In the state of Texas, sex crimes are harshly punished. If you have been accused of sexual assault or any other sexual offenses, it is critically important to work with a knowledgeable defense lawyer. Attorney Nathaniel Pitoniak has years of experience representing those accused of criminal acts in the state of Texas. To set up a free consultation with a skilled and dedicated Harris County criminal defense attorney, contact us today at 823-315-6283.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm