A drug charge can — potentially — lead to incarceration, fines and life-changing penalties. However, the exact punishments for a drug charge often depend on the unique factors involved in the case.
Unfortunately, even a “simple” possession charge can escalate, leaving defendants confused and scared. Here is why prosecutors might elevate the charges in your case:
1. The type of drug involved
Drugs are classified as schedules under the Controlled Substances Act (CSA). There are five total drug schedules. Each schedule determines how dangerous a substance is and whether it can be used for medical purposes. For example, heroin is classified as a Schedule I drug, the highest drug classification, because of the danger of addiction it poses and its lack of medical uses.
A court will consider the severity of a drug during a criminal drug trial. A defendant will generally face harsher punishments for possessing, distributing or manufacturing higher-scheduled substances.
2. The quantity of drugs found
Another factor the court considers during a criminal drug trial is the quantity of a substance. If a defendant had a large amount of illegal drugs, they would usually face harsher criminal charges. For instance, possessing more than a gram of heroin in Texas could lead to 10 years in prison and $10,000 in fines. Possessing more than 400 grams of heroin could lead to a life prison sentence and $100,000 in fines.
In some cases, possession of a large quantity of drugs may lead to incredibly serious trafficking charges. It all depends on whether the prosecutor thinks the quantity of drugs is too much for one individual to hold for their personal use.
3. Any prior criminal history
The prosecutor may consider whether a defendant has a prior criminal history when determining charges. A defendant may face lighter punishments for a first-time drug offense. However, if a defendant has previous criminal convictions, they may face harsher charges. Prosecutors have significant discretion, at times, when they are laying down charges — and they are disinclined to “go easy” on a repeat offender.
Professional legal guidance can help defend people facing criminal charges, and it’s generally wisest to seek assistance as soon as possible.