When Is It State or Federal Law Handling?

Drug crimes are committed in Texas every day. When someone is charged with a drug crime, defense lawyers know these charges can be made at the state or federal level. Convictions at either level can result in serious penalties. Yet lawyers warn that federal charges are usually more serious and may result in more significant penalties. 

Anyone who has been charged with any kind of drug crime, whether state or federal, needs representation by experienced criminal defense attorneys.

How Are State and Federal Drug Charges Decided?

Drug charges that require assistance from defense lawyers can be brought at either the state or federal level in Texas, depending upon the specific factors of each case. These factors include where the offense occurred, type and quantity of the involved drug, and a defendant’s actions leading up to the charges. In any of these circumstances, a defendant should immediately seek experienced lawyers to review the charges and prepare their defense.

Offenses that occur on federal property or within a school zone are charged as federal crimes as well as those that involve selling drugs to anyone under the age of 21 or to a federal agent. Defendants may also be charged on the federal level if the crime involves:

• Large quantities of narcotics.
• Producing, distributing, or trafficking drugs of any kind.
• Money laundering, violence, or racketeering.
• Other drug-related offenses.

Criminal defense attorneys point out that that a person who possess smaller amounts of a drug usually receive state charges.

What Are the Penalties for State and Federal Drug Convictions?

Defense lawyers stress that every drug charge should be taken seriously, regardless of whether it is charged at the state or federal level. Still, federal convictions result in steeper penalties than state convictions. Both state and federal convictions can involve fines and prison time:

State Convictions - Penalties for state convictions can vary depending on the charge, drug, and defense case lawyers can build. They may bring penalties of hundreds to thousands of dollars in fines and months to years in prison. State convictions may also include lesser penalties such as community service, probation, and other appropriate penalties.

Federal Convictions - Penalties for federal convictions are more substantial and start with a mandatory minimum sentence. Mandatory minimum drug sentences, which are designed to combat criminal drug organizations, cannot be reduced by judges or even experienced criminal defense attorneys. They generally include between 5 to 10 years imprisonment without parole. Yet a defendant can receive more than the minimum if the crime is severe. Fines can be very high, especially in cases that involve drug trafficking and money laundering.

Drug convictions are viewed harshly in Texas. Defense lawyers explain that those convicted of even minor offenses can receive substantial penalties. While any drug offense is considered to be serious, state charges usually result in less significant penalties upon conviction and can sometimes be easier to defend for a favorable outcome. Regardless of whether the charge is at the state or federal level, criminal defense attorneys emphasize the need for representation by experienced lawyers who can properly defend an accused against the prosecution!

source: rggarzalaw

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