Quick Answer: What Is A Felony Drug Charge In Texas?

Can you get probation for a felony drug charge in Texas?

Even when you have criminal history and may have been arrested in the past for a felony drug charge, as long as you were never convicted, then the Court HAS to give you probation under the law (see below, Section 42A, Texas Code of Criminal Procedure)..

What is a Schedule 1 drug violation?

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. Schedule II.

How many feet from a school is a drug free zone?

1,000 feetAccording to state and federal law, drug crimes are punished far more harshly when they are committed within 1,000 feet of drug-free zones (DFZs), otherwise known as drug-free school zones.

Can a felon live in a house with a gun in Texas?

Under Texas state law a convicted felon may possess a firearm in the residence, in which he lives, once five years have elapsed from the date his sentence was discharged. This means the later of release from prison or parole.

What drugs are considered a felony?

Health and Safety Code 11351 states that it is a felony to possess certain illegal drugs with the intention of selling them….Some of the controlled substances under this law include:Opiates.Cocaine.Peyotes.Heroin.GBH Gamma-hydroxybutyric acid.Some hallucinogenic substance.Oxycodone (Oxycontin)Hydrocodone (Vicodin)More items…•

What is the usual sentence for drug possession?

Criminal Lawyers for Drug Possession NSW – s 10(1) Drug Misuse and Trafficking Act 1985. Drug possession in NSW carries a maximum penalty of 2 years in prison and/or a $2,200 fine. However, a good drug defence lawyer can push for you to avoid a criminal record altogether, even if you wish to plead guilty.

How long does a felony stay on your record in Texas?

3 yearsClass A and B misdemeanors: 1 year. Felonies: 3 years.

How much time can you get for possession of controlled substance?

In NSW possession charges carry a maximum penalty of 20 penalty units (each penalty unit is a$110 fine) and/or 2 years of imprisonment. It is at the discretion of the court as to whether they impose other penalties in conjunction with or instead of imprisonment.

Does a felony ever go away in Texas?

Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).

How do I get a felony off my record in Texas?

Many people are eligible to have their criminal records “expunged” in the state of Texas, and others can free their futures of a past criminal record through filing a “Petition for Non-Disclosure” with a local Texas court.

What does state jail felony mean in Texas?

State jail felonies are a type of crime in Texas. As a felony, they belong to the most severe type of criminal offense. However, state jail felonies are the least severe of all felonies. … They can carry between 180 days and 2 years in prison. Fines can be as high as $10,000.

What is a felony charge in Texas?

Crimes and punishmentsOffenseMaximum PunishmentFirst degree felony5-99 years or life; $10,000 fineSecond-degree felony2-20 years; $10,000 fineThird-degree felony2-10 years; $10,000 fineState jail felony180 days to 2 years; $10,000 fine6 more rows

Is a drug charge a felony or misdemeanor?

One of the biggest questions people have is: is drug possession a felony? To answer, drug possession can be a simple misdemeanor if it involves only small amounts being possessed for personal use. In comparison, possession of large amounts of the same type of drug may result in felony possession charges.

Can you get probation for a first degree felony in Texas?

Probation can be an option for certain first degree felony convictions in Texas. … Some defendants convicted of first degree felonies can be put on probation rather than sent to prison.

Can a state jail felony be expunged in Texas?

No, a State Jail (or any other felony) cannot be expunged, or sealed with a conviction but no prison time.

What does felony drug charge mean?

Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. For example, in most states, possessing any amount of heroin (a Schedule I substance) is a felony.

Can a felony be dropped to a misdemeanor in Texas?

According to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time. As a reminder: a conviction of a felony means you have a criminal record. … But unlike misdemeanors, as a convicted felon, you can also lose your right to vote and your right to own and use a firearm.