Drug crime enhancements in Texas can come with serious repercussions that will impact the severity of the original drug charges. If this is something you are facing, you need to understand what drug charges with enhancements will look like and how you should navigate this situation. Although this can feel overwhelming, understanding what to expect can help you better prepare so that you can get the best possible outcome.
If you are facing enhancements as a repeat drug offender in Texas, you need to seek the help of a drug crimes lawyer in Brazoria County. At The Law Offices of Keith G. Allen, PLLC we are committed to defending our clients as they navigate drug crime enhancements in Texas, ensuring you are treated fairly throughout the entire process.
Common Types of Drug Crime Enhancements in Texas
If you are facing a drug crime, you also need to be aware of how drug crime enhancements in Texas work. Enhancements can ultimately impact the severity of the repercussions if you are charged with a drug crime. These enhancements vary by situation and can depend a variety of factors.
Here are some examples of the main types of drug crime enhancement that can impact the type of sentence you may receive.
Prior Convictions
It is very possible that you will be subject to drug crime enhancements if you have a prior criminal history, especially if it includes drugs. Texas controlled substance law is very strict on drug-related crimes and may subject repeat offenders to stricter sentencing guidelines. This will also be impacted by the severity of the drug crime, such as the type of drug and the quantity.
Keep in mind that it is possible for any type of criminal history to impact charges, even if it isn’t drug related.
Offense in a Drug-Free Zone
Texas controlled substance law also has drug-free zones specifically designed to protect areas that are associated with children. Because of this, drug-free zone Texas penalties are much more likely to be enhanced as a way of discouraging drug crimes from taking place in these protected zones.
Here are some examples of drug-free zones that could lead to enhanced drug charges:
- Playgrounds
- Arcades
- Youth centers
- Daycare facilities
- School grounds
- Public swimming pools
- School buses
Possession With a Firearm
Receiving a drug conviction with firearms at the scene of the crime can lead to enhancement in Brazoria County, Texas. The presence of firearms can significantly impact the prosecutor’s view of the case, making it seem as though it is a more dangerous crime that could have led to violence.
Involving a Minor in Drug Activity
Understandably, any type of drug crime where a minor was involved has a high possibility of leading to charge enhancements. This often goes hand in hand with committing an offense in a drug-free zone, but there are instances where this may not apply.
For instance, an individual may receive a drug crime enhancement if they sold drugs while a minor was in their vehicle, exposing them to the crime.
How Enhancements Affect Penalties
Texas already takes drug crimes very seriously, especially so when there are enhancements. Enhanced drug crimes can often lead to longer prison sentences and more substantial fines. It is also possible for individuals to become subject to federal prosecution depending on the details of their case.
Additionally, you may have aggravated factors added to your drug charges, which can create much harsher penalties. Examples of aggravating factors often include things like drug crimes involving vulnerable individuals, violence, or committing the crime while out on parole.
Legal Strategies for Challenging Enhancements
Now that you know what drug crime enhancements are, how do you fight enhanced drug charges in Brazoria County? Because enhanced drug crime charges can have such a significant impact on your life, it is essential that you take every step possible to defend yourself.
The first step in protecting your rights is to hire a drug crimes attorney to help you create a defense strategy. Here are some examples of common defense strategies to counteract drug crime enhancement:
- Dispute the validity of prior drug convictions.
- Question the ethics or procedures of involved law enforcement officers.
- Challenge location-based enhancements.
An experienced criminal defense attorney can also help you negotiate plea deals and present mitigating factors regarding your case. They can also help you challenge enhancements specifically, especially if you qualify for some of the enhancement exemptions provided in the state of Texas.
The last thing you want to do is try to represent yourself as drug crime charges are very serious, and can lead to life altering repercussions.
For the Best Criminal Defense in Brazoria, Contact The Law Offices of Keith G. Allen, PLLC
Enhanced drug sentencing in Texas can come with serious repercussions for your future, which is why you need to know how to best protect yourself. By understanding what to expect, you can navigate these charges with more confidence, especially if you get the help of a Brazoria County drug attorney.
At The Law Offices of Keith G. Allen, PLLC, we have extensive experience handling criminal defense cases in Brazoria County, especially when it comes to drug crimes. We will help to protect your rights, gather evidence in your favor, and create a legal defense strategy. If you are looking for compassionate and experienced criminal defense representation, contact us today at 832-230-0075 for a free consultation.
FAQ Section
What is a drug-free zone in Texas?
A drug-free zone in Texas is a protected place that is associated with children, which would make any type of drug crime committed in that area more severe.
Can a drug crime enhancement be dropped?
There are some exemptions that could lead to enhancements being dropped in Texas. These exemptions include crimes where there were no children present, the defendant did not make a profit from the drug crime, or the crime was committed in a private residence.
What happens if I have a prior drug conviction in Texas?
Prior drug convictions have a high likelihood of resulting in enhancements as this shows repeated criminal behavior. This could turn your case into a federal prosecution case, leading to longer prison times and higher fines.
