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. Under Texas law, delivery can occur through actual transfer, constructive transfer, or merely an offer to sell. If you’re facing these charges, you must retain the services of a competent Dallas County criminal lawyer who can effectively fight for your freedom. Contact Spangler Law today. Our Dallas drug crime lawyers have extensive experience dismantling the prosecution’s evidence in these high-stakes cases.

Penalties for Manufacturing and Delivery of a Controlled Substance in Texas

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 Texas Controlled Substances Act categorizes drugs into specific Penalty Groups. For example, Penalty Group 1 includes highly scrutinized drugs like cocaine, heroin, and methamphetamine, which carry the state’s harshest baseline sentences.

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 Felony 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.

Strict Consequences for Delivery in a Texas 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. Drug-free zones are aggressively monitored in Dallas and include areas within 1,000 feet of schools, playgrounds, youth centers, and public swimming pools.

Strategic Defenses to Dallas 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.

Additionally, demonstrating a lack of knowledge—proving you were unaware that the package or vehicle held illegal narcotics—is a powerful defense tactic under Texas drug laws. We meticulously review police search and seizure procedures to ensure your Fourth Amendment rights were not violated.

Contact a Dallas Drug Crime Defense Lawyer Today

If you’re accused of selling a controlled substance, contact Spangler Law to schedule your free initial consultation today.