Experienced San Antonio Drug Trafficking Defense Lawyers
Drug trafficking is the intentional movement of controlled substances with the intent to sell or distribute. Although they differ from other drug-related offenses like manufacturing or possession, these charges can be connected in complex drug cases.
At Ramos & Del Cueto, we understand the severity of these charges. Our team is committed to protecting the rights and future of San Antonio residents facing drug trafficking allegations. With over 100 years of combined experience in criminal defense, our Texas attorneys provide robust representation.
How Is Drug Trafficking Defined In Texas?
Under the Texas Controlled Substances Act, drug trafficking is the deliberate act or knowing of the manufacture, delivery or possession with intent to deliver a controlled substance.
Texas law classifies controlled substances into penalty groups, ranging from Group 1 (the most dangerous drugs like cocaine and methamphetamine) to Group 4 (less dangerous drugs like prescription medications).
What Are The Consequences Of A Drug Trafficking Charge?
Drug trafficking charges in Texas vary depending on the type and amount of drug, the circumstances of the case and whether there are prior offenses.
- State jail felony: Possession with intent to distribute less than a gram of a controlled substance is punishable by six months to two years in a state jail facility and fines up to $10,000.
- Third-degree felony: Trafficking between one and four grams of a controlled substance is punishable by two to 10 years in prison and up to $10,000 in fines.
- Second-degree felony: For four to 200 grams, it is punishable by two to 20 years in prison and fines up to $10,000.
- First-degree felony: Possessing or trafficking between 200 and 400 grams is punishable by five to 99 years or life imprisonment, along with a fine of up to $10,000.
- Enhanced first-degree felony: For amounts exceeding 400 grams, the penalty can include life imprisonment or a minimum of 10 to 99 years, and fines can escalate to $250,000.
Additionally, trafficking near designated drug-free zones, using a minor or being linked to organized crime can lead to enhanced penalties, including longer prison sentences and higher fines.
What Is The Difference Between Drug Trafficking And Drug Conspiracy?
Many people mistakenly believe drugs must cross state lines to result in trafficking charges, but that is not so in Texas. Here, it involves the actual sale, purchase or delivery of unlawful substances, even if they never leave the state.
Conversely, a drug conspiracy refers to an agreement between two or more people to engage in drug trafficking, even if the plan is never brought to fruition. Drug trafficking can also involve drug conspiracy if two or more people agree to engage in trafficking activities.
Potential Defenses Against Drug Trafficking Charges
Defending against drug trafficking charges may involve:
- Questioning the validity, source or chain of custody of the evidence.
- Arguing lack of intent to distribute, claiming personal use.
- Claiming illegal searches, seizures or entrapment to suppress the evidence.
- Showing the use of coercion or threats in trafficking activities.
Each defense depends on the specific facts of the case.
Facing Drug Trafficking Charges? Call Now.
If you find yourself facing drug trafficking or drug conspiracy charges, call 210-761-6004 or contact us online to set up a consultation. With such serious charges, carefully considering all your defense options is essential. A consultation with an experienced attorney is an ideal place to begin.