In Texas, drug possession and drug trafficking are two distinct crimes with varying penalties. The distinction between the two offenses hinges on quantity and intent to distribute, significantly impacting the severity of a punishment. To get in touch with professional legal aid, consider speaking to experienced Houston criminal defense attorneys scheinerlaw.com.
While possessing small amounts of certain controlled substances may result in misdemeanor charges, trafficking large quantities can lead to felony convictions, carrying sentences of 10-99 years or even life imprisonment.
Most legal systems treat drug-related offenses as severe crimes. Being able to grasp exactly how drug possession differs from drug trafficking will help someone convicted better understand the nuances of criminal law. Read on to find out more about what constitutes these crimes and the potential penalties involved.
Defining Drug Possession
Possession of drugs involves being in possession of a controlled substance for personal use. If someone is caught with drugs on their person, in their car, or in a home, law enforcement can charge them with possession. At the same time, the punishment for possession can vary, depending on the kind and amount of drug involved. For example, you might get a misdemeanor charge for having a little bit of pot on you but have to face felony charges if you’re caught with significant amounts of cocaine.
What Affects Possession Charges
The severity of possession charges depends on several factors, including the individual’s prior criminal history. The penalties may also be harsher in cases where the individual has had previous drug offenses. What drug is used also counts. Some substances, such as heroin and methamphetamine, typically have harsher penalties than marijuana or marijuana concentrates. Various factors, including where the possession took place, can lead to more serious charges.
Defining Drug Trafficking
Drug trafficking means that the distribution, purchase, and sale of drugs is prohibited by law. These charges are related to larger amounts of drugs and frequently involve crossing over the interstate or international borders. Police tend to favor cases with a high level of trafficking in their communities. These are worse cases than drug possession because you had the intent to distribute. In general, drug trafficking involves a higher volume of substances compared to simple possession.
What Constitutes the General Traits of Trafficking Charges?
There are requirements to prove a trafficking charge. In the first place, the amount of drugs is usually overlimit compared to personal consumption. Next, you must be able to prove intent to distribute (by having large quantities of cash, packaging materials or text messages regarding sales). Finally, if weapons or other criminal charges are present, then the trafficking charge may be elevated. It is these elements which separate trafficking from mere possession and carry with them harsher sentences.
Penalties for Drug Possession
The penalties for possession of drugs are very different. Such penalties vary by drug and quantity, as well as jurisdiction. Typical penalties include fines, prohibition from obtaining a driver’s license or other permit, necessary drug education programs and imprisonment. This is why first-time offenders may get off with more “slap on the wrist” penalties like probation and community service as compared to repeat offenders. Serial violators are usually subject to tougher penalties which could include longer prison sentences and heftier fines.
Penalties for Drug Trafficking
Penalties for drug trafficking are generally much harsher. Convictions typically result in lengthy prison sentences, large fines, and the forfeiture of property. The law mandates some minimum sentences in particular jurisdictions, and these may not leave enough wiggle room to let you escape prison. Also, trafficking charges may have other legal implications as they can result in more severe statutory sentences for participation in organized crime or gang-related criminal activity. The potential for these penalties illustrates the gravity of trafficking offenses on society.
Legal Defenses in Drug Cases
An essential to successfully defending against drug possession or trafficking charges is having a perfect understanding of the law. Defense Component: Some common defenses include challenging the legality of the search and seizure that produced the drug. Evidence from the search may also be inadmissible if the police devalued your constitutional rights. A similar defense is probing for intent to distribute in trafficking cases.
Conclusion
When it comes to drug charges, knowing the difference between possession and trafficking is of vital importance. There are separate penalties for each of the crimes and different ways in which these actions should be addressed. Better hopefully prepare ourselves, speedier form one hell of a defense and sneak away with nary a paper cut in the outcome of a criminal case. Especially in a case regarding drug-related crimes, it is very important to consult the experienced legal attorney services so that all the complexities can be sorted effectively.
