Waco Drug Trafficking Smuggling Importing Defense Attorney

Drug trafficking cases are prosecuted in both federal and state courts. The penalties and punishments vary based on the type of drug and the amount. Even a first time offense brings serious risk of years behind bars. That’s why it’s important to get a Waco drug trafficking lawyer on your side immediately. Whether it’s a federal or state case, call Dunnam & Dunnam to defend you against these charges at 254-753-6437.

Federal Drug Trafficking Crimes

Get a defense plan quickly if you have been arrested on drug trafficking charges. Federal drug trafficking charges are usually investigated by the U.S. Drug Enforcement Administration (DEA), and the FBI. These federal agencies are fierce opponents. A Waco criminal defense lawyer from our firm can immediately analyze the evidence and determine the best approach for disputing your drug charges.  

Drug trafficking is one of the most severe types of drug offenses. Federal drug crimes often result in stiffer sentences, including decades of imprisonment. Whether you are charged with distributing, transporting, or selling vast amounts of drugs, Dunnam & Dunnam lawyers are ready to fight for you. 

What Are the Drug Trafficking Penalties?

The penalties for a drug trafficking conviction depend on which “schedule” that the drug falls under and the amount of the drugs involved. The federal government considers schedule I and II drugs the most severe types of drugs, so the trafficking of narcotics under those schedules usually results in the harshest penalties.

The penalties can range from a year or less of imprisonment or be as severe as a life prison term. Fines can be as high as tens of millions of dollars. Penalties may be enhanced if it is found that the drug trafficking offense resulted in someone else’s serious bodily injury or death.

Federal drug trafficking convictions can also result in the loss of federal benefits and personal property and real estate.

Drug Trafficking Defense from Waco Drug Crime Lawyer

Federal authorities sometimes spend years investigating suspects. The wrong people can be arrested because of the pressure to catch a criminal builds up. 

State Drug Trafficking Crimes in Texas

All controlled substances, including medications, medications without prescriptions, prescription pills, narcotics, hallucinogens, stimulants, depressants, street drugs, chemicals, man-made substances and natural substances are classified into four different penalty groups in the Texas Controlled Substances Act. Three of the four most abused drugs in the United States, marijuana, heroin and methamphetamines, are not only smuggled from Mexico, but are also manufactured there. Mexican drug cartels also bring cocaine, the other most popularly abused drug, to the United States from where it is produced in South America. As defined in the Texas Health and Safety Code §§ 481.101 – 105, the penalty groups are used to classify different substances for the purpose of establishing punishments for drug trafficking offenses.

Texas Controlled Substances Act Penalty Groups and Related Penalties

Penalty Group I (PG-1) – Substances in this group can include cocaine, codeine, methadone, GHB, heroin, methamphetamines, meth, morphine, oxycodone, oxycontin, speed, hydrocodone, the Date Rape Drug, Gamma-hydroxybutyric acid, Special K, and ketamine. Penalties depend on the amount of the drug.

  • Less than 1 gram – state jail felony
  • More than 1 gram, but less than 4 grams – second degree felony
  • More than 4 grams, but less than 200 grams – first degree felony
  • More than 200 grams, but less than 400 grams – 10 years to life in prison and a fine less than $100,000
  • More than 400 grams – 15 years to life in prison and a fine less than $250,000

Penalty Group I-A (PG-1-A) – The substance in this penalty group Lysergic acid diethylamide, which is also known as LSD.

  • Less than 20 units – state jail felony
  • More than 20 units, but less than 80 units – second degree felony
  • More than 80 units, but less than 4,000 units – first degree felony
  • More than 4000 units – 15 years to life in prison and a fine less than $250,000

Penalty Group II (PG-2) – Substances in this group can include bath salts, MDMA, ecstasy, Psilocybin, cathinone, and magic mushrooms.

  • Less than 1 gram – state jail felony
  • More than 1 gram, but less than 4 grams – second degree felony
  • More than 4 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

Penalty Group III (PG-3) – Substances in the group can include Xanax, Ambien, Valium, Zolpidem, Lysergic acid, and drugs containing small amounts of narcotics.

  • Less than 28 grams – state jail felony
  • More than 28 gram, but less than 200 grams – second degree felony
  • More than 200 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

Penalty Group IV (PG-4) – Substances in this penalty group can include substances with limited quantities of narcotics that also contain one or more non-narcotic active medical ingredient.

  • Less than 28 grams – state jail felony
  • More than 28 gram, but less than 200 grams – second degree felony
  • More than 200 grams, but less than 400 grams – first degree felony
  • More than 400 grams – 10 years to life in prison and a fine less than $100,000

McLennan County Drug Trafficking Arrest

Penalties for drug trafficking offenses can increase depending on whether the alleged offender has any previous criminal convictions, whether the offense resulted in serious bodily injury, whether the alleged offender used a weapon during the commission of the offense, and whether a child under the age of 18 was involved in the offense.

The following code sections of the Texas Controlled Substances Act describe offenses and possible charges:

  • Texas Health & Safety Code § 481.112 – Manufacture or Delivery of Substance in Penalty Group 1
  • Texas Health & Safety Code § 481.1121 – Manufacture or Delivery of Substance in Penalty Group 1-A
  • Texas Health & Safety Code § 481.1122 – Manufacture of Substance in Penalty Group 1: Presence of Child
  • Texas Health & Safety Code § 481.113 – Manufacture or Delivery of Substance in Penalty Group 2
  • Texas Health & Safety Code § 481.114 – Manufacture or Delivery of Substance in Penalty Group 3 or 4
  • Texas Health & Safety Code § 481.119 – Manufacture, Delivery or Possession of Miscellaneous Substances
  • Texas Health & Safety Code § 481.120 – Delivery of Marijuana
  • Texas Health & Safety Code § 481.122 – Delivery of Controlled Substance or Marijuana to Child
  • Texas Health & Safety Code § 481.124 – Possession of transport of Certain Chemicals with Intent to manufacture Controlled Substance
  • Texas Health & Safety Code § 481.1245 – Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment
  • Texas Health & Safety Code § 481.125 – Possession or Delivery of Drug Paraphernalia
  • Texas Health & Safety Code § 481.137 – Transfer of Precursor Substance for Unlawful Manufacture
  • Texas Health & Safety Code § 481.141 – Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

Frequently Asked Questions About Criminal Defense

You probably have a lot of questions about your arrest or investigation. Read our frequently asked questions about criminal law while you wait for your appointment with a drug trafficking lawyer in Waco.

Waco Drug Trafficking Attorney

An experienced Waco criminal defense attorney is necessary to fight these drug smuggling charges. A Waco drug trafficking defense attorney can help the local defendant with critical information about the local judge, jury and prosecutors. We have the local understanding required. Waco defense lawyers at Dunnam & Dunnam are aggressive criminal defense attorneys. Call us at 254-753-6437 to discuss your case for free.

Contact one a criminal justice attorney about your drug charges at 254-753-6437.