Austin Drug Trafficking Attorney

Fighting Charges of Trafficking Controlled Substances in Travis County

Drug trafficking is one of the most severe drug crimes you can be charged with in Texas. It involves manufacturing and/or delivering one or more controlled substances and is classified as a felony. The penalties are tied to the type of drug involved and its weight, with punishments ranging from several years to life imprisonment. A conviction can turn your life upside down, with long-lasting effects that persist long after you have completed your sentence. Your criminal record will carry a permanent mark, impacting various aspects of your life, including employment opportunities.

Because of the life-altering consequences of a conviction, it is crucial that you reach out to Smith & Vinson Law Firm for your defense. Our Austin drug trafficking lawyers are fierce warriors, ready to go to battle for you. We uncover the truth not by relying on what the prosecutor has to say but on what you have to say and by fully analyzing the case. With a former prosecutor and talented criminal defense attorneys on our legal team, we know the legal vehicles available to challenge these accusations. Regardless of your situation, we will steadfastly defend you, prepared to leverage our knowledge and skills to seek an optimal result on your behalf. All you need to do is call to learn how we can help.

To schedule a consultation with one of our drug trafficking attorneys in Austin, call (512) 359-3743 today.

What Is Considered Drug Trafficking in Texas?

In Texas, drug trafficking is defined as the manufacture, delivery, or possession with intent to deliver a controlled substance. "Delivering" means transferring a drug or drugs to others, including offering to sell the substances. 

"Manufacturing" involves any of the following activities with a drug:

• Producing
• Preparing
• Propagating
• Compounding
• Converting
• Processing

Although drug trafficking is linked with drug possession, the former is a more severe offense than the latter. For the prosecutor to prove that someone was trafficking a controlled substance, as opposed to possessing it for personal use, they must present evidence showing that the individual intended to distribute the drug.

To do that, the prosecutor will typically rely on evidence such as:

• Substantial quantities of drugs
• Large amounts of money
• Financial ledgers
• Containers for packaging and transporting drugs
• Presence of weapons

If you have been accused of delivering or manufacturing controlled substances, reach out to our Austin drug trafficking lawyers as soon as possible. We'll get started right away at reviewing your case and evaluating the evidence the prosecutor plans to use to attempt to prove you were trafficking drugs.

What Are the Penalties for Drug Trafficking in Texas?

In Texas, drug trafficking is always a felony. Thus, anyone accused could be facing at least 180 days in jail if charged with the lowest class of felony possible for drug trafficking. Additionally, they could be looking at steep fines.

In general, the potential penalties for felonies include the following:

• State Jail Felonies: 180 days to 2 years in state jail and/or up to $10,000 in fines
• Second-Degree Felonies: 2 to 20 years of imprisonment and/or up to $10,000 in fines
• First-Degree Felonies: 5 to 99 years of imprisonment and/or up to $10,000 in fines

Penalty Groups & Classes of Felony for Certain Drugs

The class of felony for drug trafficking in Texas depends on the Penalty Group the substance belongs to. Penalty Groups are Texas' controlled substances categories, separated by the severity and potential for abuse of the drugs. There are seven Penalty Groups, with Penalty Group 1 being the most serious and Penalty Group 4 being the least.

Penalty Group 1

Cocaine, Heroin, and Methamphetamine

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams
• First-Degree Felony: 4 grams or more but less than 200 grams

Trafficking in these or any other Penalty Group 1 substances can also lead to:

• 10 to 99 years or life imprisonment for 200 grams or more but less than 400 grams
• 15 to 99 years or life imprisonment for 400 grams or more\

Penalty Group 1-A

LSD

• State Jail Felony: Fewer than 20 abuse units
• Second-Degree Felony: 20 or more but fewer than 80 abuse units
• First-Degree Felony: 80 or more but fewer than 4,000 abuse units

Trafficking in LSD can also lead to:

• 15 to 99 years or life imprisonment for 4,000 or more abuse units

Penalty Group 1-B

Fentanyl

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams

Trafficking in fentanyl can also lead to:

• 10 to 99 years or life imprisonment for 4 grams or more but less than 200 grams
• 15 to 99 years or life imprisonment for 200 grams or more but less than 400 grams
• 20 to 99 years or life imprisonment for 400 grams or more

Penalty Group 2 & 2-A

MDMA (Ecstasy), Psilocybin, and compounds mimicking the effects of cannabinoids

• State Jail Felony: Less than 1 gram
• Second-Degree Felony: 1 gram or more but less than 4 grams
• First-Degree Felony: 4 grams or more but less than 400 grams

Trafficking in these or any other Penalty Group 2 or 2-A drugs can lead to:

• 10 to 99 years or life imprisonment for 400 grams or more

Penalty Group 3 & 4

Ritalin, Xanax, Peyote, substances with limited amounts of narcotics with non-narcotic active ingredients

• State Jail Felony: Less than 28 grams
• Second-Degree Felony: 28 grams or more but less than 200 grams
• First-Degree Felony: 200 grams or more but less than 400 grams

Trafficking in Penalty Group 3 or 4 substances can also lead to:

• 10 to 99 years or life imprisonment for 400 grams or more

Can You Beat a Drug Trafficking Charge in Texas?

Yes, you can fight your drug trafficking charge, and our Austin drug trafficking attorneys are here to help.

Common defenses include, but are not limited to, the following:

• Unlawful Search: This defense can be raised if the police searched your home, vehicle, or person without a warrant or other legal justification. If the search was unlawful, certain pieces of evidence may be deemed inadmissible.
• Entrapment: This defense argues that you committed the offense because law enforcement officials compelled you to do so. If it wasn't for coercion by authorities, you would not have engaged in the act.
• No Knowledge: This defense claims that you were not aware that a controlled substance was in your presence.

By exploring these defenses, we can work to challenge the prosecution's case and strive for the best possible outcome for you. Contact our attorneys at Smith & Vinson Law Firm to discuss your case and start building your defense.

Benefits of Hiring an Austin Drug Trafficking Lawyer

Hiring an Austin drug trafficking attorney can be instrumental, offering a range of invaluable benefits. These legal professionals possess a deep understanding of both state and federal drug laws, enabling them to craft a strategic defense tailored to the specifics of Austin's legal landscape. A skilled attorney can scrutinize the evidence against you, identifying potential weaknesses or constitutional violations that could lead to case dismissals or reduced charges. 

At Smith & Vinson Law Firm, our skills in negotiating with prosecutors may result in plea bargains or alternative sentencing options, minimizing the impact on your life. Additionally, our Austin drug trafficking lawyers can guide you through the intricate court processes, providing essential support and increasing the likelihood of a more favorable outcome. From the moment you hire us, we’ll get to work fighting for you.

Call our Austin drug trafficking attorneys at (512) 359-3743 or submit an online contact form.