Fort Worth Prescription Drug Crime Defense Attorney
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In regard to common drug crimes, charges involving heroin, meth, cocaine, and even marijuana often come to mind. However, prescription drug crimes have become a significant issue in the past decade. Whether it’s possessing a controlled substance without a valid prescription or misrepresenting personal information to obtain a prescribed medication, a conviction for these types of drug crimes results in serious penalties that can have a negative impact on a person’s life forever.
If you have been charged with a prescription drug crime in Fort Worth, The Clark Law Firm can help you obtain the most favorable results possible. With over 35 years of combined legal experience, our Fort Worth criminal defense lawyers can evaluate your case, determine your available legal options, and create an effective defense strategy to either get your entire case dismissed or reduce the charges and/or penalties you face.
Texas Prescription Drug Charges & Penalties
Prescription drugs are classified as controlled substances in Texas. Many types of prescribed medication fall under Penalty Group 1 (e.g. oxycodone, codeine, hydrocodone, morphine, Rohypnol, etc.), which is associated with the harshest criminal sanctions. Other types of prescription drugs are classified in Penalty Group 3 (i.e. Xanax, Ritalin, Valium, etc.).
Unlawful possession of less than one gram of a Penalty Group 1 controlled substance is a state jail felony, punishable by a maximum jail sentence of two years. Between one gram and less than four grams is a third-degree felony, which carries a prison sentence of up to ten years. From four grams to less than 200 grams is a second-degree felony, resulting in a maximum prison term of 20 years. From 200 grams to less than 400 grams is a first-degree felony, punishable by a prison sentence of up to 99 years. More than 400 is a life sentence. All felony convictions are subject to a fine of up to $10,000.
Unlawful possession of fewer than 28 grams of a Penalty Group 3 controlled substance is a class A misdemeanor, which carries a maximum jail sentence of one year and a fine no larger than $4,000. From 28 to less than 200 grams is a third-degree felony. From 200 to less than 400 grams is a second-degree felony. More than 400 is also a life sentence.
Selling or distributing prescription drug results in more severe penalties. For example, selling a Penalty Group 1 controlled substance is a second-degree felony.
Prescription drug fraud involves obtaining a controlled substance through dishonest and fictitious means. Common examples of this type of fraud include altering or forging a doctor’s prescription, impersonating a healthcare provider, or “doctor shopping.”
If the prescription fraud charge involves a Penalty Group 1 controlled substance, it is a second-degree felony. Prescription fraud involving a Penalty Group 3 controlled substance is a third-degree felony.
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Due to the severity of the penalties mentioned above, it is in your best interest to obtain the most aggressive legal counsel possible. As a former prosecutor, our Fort Worth criminal defense attorney can guide you through the intricacies of the criminal justice process and anticipate how the prosecution will approach your case, giving you an advantage in the courtroom. Do not hesitate to let us fight for you.
For more information, contact us and discuss your case with our legal team today.