Heroin Charges Defense
Houston Heroin Charges Lawyers :: The Law Office of Matthew D. Sharp
Heroin charges are serious business in the state of Texas. Heroin, sometimes referred to as diacetylmorphine or diamorphine, is a highly addictive controlled substance. Heavy criminal penalties have been established for the manufacture, sale or possession of the drug of heroin. Effective legal representation will dramatically increase the odds of diacetylmorphine charges being reduced or dismissed.
Diacetylmorphine, commonly known as heroin, is a morphine derivative. Morphine is obtained from the seedpods of the Asian poppy plant. Heroin is injected, smoked or inhaled to depress the pleasure center of the brain. Increasing amounts of heroin will be required to induce the downer effect that impairs the ability of a user to sense pain. Diacetylmorphine abuse can cause serious health problems, including collapsed veins, heart disease and death due to overdose.
Heroin Possession Penalties
Conviction on diamorphine charges can result in harsh financial penalties and time in prison. The exact sentence will depend on a defendant’s previous criminal record and the amount of heroin that led to criminal charges being filed. According to the Texas Health and Safety Code, the following criminal sanctions are available in the state of Texas:
- State jail felony for drug possession of less than one gram-up to two years in state prison
- Third degree felony for possession of between one and 3.99 grams-two to ten years in state prison
- Second degree felony for possession of between four and 199 grams-two to 20 years in state prison
- First degree felony for possession of between 200 and 399 grams-five to 99 years in state prison
- Enhanced first degree felony for possession of more than 400 grams-ten to 99 years in state prison
The prosecution is required by law to prove every element of a heroin possession charge beyond any reasonable doubt in a court of law. An effective criminal defense attorney will aggressively challenge the prosecution’s case to protect a defendant’s legal rights and minimize the possibility of conviction. There’s a good chance that an experienced defense lawyer will be able to negotiate a favorable plea-bargain agreement or have the case dismissed. Charges of heroin possession should never be taken lightly. Heroin production and abuse has been assigned a high priority by federal and state law enforcement authorities.