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What is Delivery of a Controlled Substance?

Delivery of a controlled substance in Texas is a serious crime that can result in significant penalties, including jail time and fines. The term “delivery” is defined broadly in Texas law to include any act of transferring a controlled substance to another person, regardless of whether there is an agency relationship. This means that even if you did not sell the drugs, you could still be charged with delivery if you gave them away or even just offered to sell them.

Penalties for Delivery of a Controlled Substance

The penalties for delivery of a controlled substance in Texas vary depending on the type of drug involved and the amount of the drug. In general, the penalties are more severe for more serious drugs and for larger quantities of drugs.

The following are the penalties for delivery of a controlled substance in Texas:

  • Class A Misdemeanor: This is the least serious charge, and it is punishable by up to one year in jail and a fine of up to $4,000.
  • State Jail Felony: This is the least serious type of felony, and it is punishable by 180 days to two years in a state jail, and a fine of up to $10,000.
  • 3rd Degree Felony: This felony charge is punishable by two to ten years in prison and a fine of up to $10,000.
  • 2nd Degree Felony: This is a more serious charge, and it is punishable by two to twenty years in prison and a fine of up to $10,000.
  • 1st Degree Felony: This is the most serious charge, and it is punishable by five to 99 years, OR LIFE, in prison and a fine of up to $10,000.

Enhanced Penalties for Delivery to a Minor

The penalties for delivery of a controlled substance to a minor are even more severe. In these cases, the defendant can be sentenced to life in prison.

Enhanced Penalties for Delivery in a Drug Free Zone

If you are found to have delivered a substance while in a “drug free zone,” you will not be eligible for parole on a prison sentence until you have completed at least five years in prison.

Defenses to Delivery of a Controlled Substance Charges

There are a number of defenses that can be raised to delivery of a controlled substance charges. Some of the most common defenses include:

  • Entrapment: This defense is used when the defendant is induced by law enforcement to commit a crime that they would not have otherwise committed.
  • Insufficiency of Evidence: This defense is used when the prosecution does not have enough evidence to prove that the defendant committed the crime.
  • Misidentification: This defense is used when the defendant is misidentified by the victim or a witness.

If You Are Charged with Delivery of a Controlled Substance

If you are charged with delivery of a controlled substance, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.

Finding a Criminal Defense Attorney in Texas

Choosing the right Criminal Defense Attorney is important since a conviction can result in fines, prison time, and loss of future employment. 

When you retain the services of Spangler Law, you can be confident we will do all we can to defend your rights in court and assist you throughout every step of the process. 

When you need a trustworthy criminal defense attorney in the Dallas, Texas area, look no further than Spangler Law. 

Contact us for a free consultation.