If you have been charged with possession of cocaine or distribution of cocaine in Houston, Texas, contact attorney Mark Thiessen at 713.864.9000 or request a free case evaluation. We serve Houston and the surrounding areas and are available 24/7 to fight for you.
Lawyer for Possession of Heroin in Houston
Possession of heroin in Texas is a serious offense prosecuted aggressively by state and federal courts. If you or a loved one is currently facing heroin possession charges, you need to hire the best drug attorney in Houston that you can find if you plan on avoiding steep fines, irreparable damage to your record and reputation, and significant prison time.
Although any attorney in Houston will be willing to take your money, not every attorney will be able to adequately represent you and give you a chance at beating a heroin possession charge. Only an experienced and aggressive drug offense lawyer in Houston will be able to fight felony drug charges and give you a chance at walking away with a good outcome.
Mark Thiessen is an ACS-CHAL Lawyer-Scientist and is quadruple Board Certified* in Criminal Law and DWI defense, which means that he understands the science behind toxicology and the gaps that exist in police work that can often lead to beating a drug charge. If you’ve been booked for possession of heroin in Texas, you need to call Thiessen Law Firm.
*Mark Thiessen’s board certifications include:
- Criminal Law by the Texas Board of Legal Specialization
- DUI Defense by the National College for DUI Defense as approved through the American Bar Association
- DUI Law by the DUI Defense Lawyers Association
- Board Certified Advocate Criminal Trial Law by the NBTA Foundation
The heroin laws in Texas
Unless you are caught moving large amounts of heroin over a state border, or running a drug dealing enterprise that has attracted the attention of a federal agency, your heroin charge will be dictated by the Texas Controlled Substances Act, or the Texas Health and Safety Code § 481.
Drug classifications determine how severe punishments are for possession charges in Texas. Because of drug classifications, a charge for cocaine possession in Texas will be much more severe than those for marijuana possession in Texas.
According to the Texas Controlled Substances Act, heroin is in Penalty Group I, along with other drugs considered to be very addictive and with limited medical value, making it a Schedule I drug in Texas. Because heroin’s schedule is so high, you can expect a heroin possession charge to come with some of the steepest penalties possible, and a charge that not every lawyer will be able to fight and win.
There are a few types of heroin charges in Texas.
- Charges for possession of heroin are used when a defendant “willingly and knowingly” possessed heroin, typically for personal use.
- Charges for manufacturing heroin are used when investigators have reason to believe that the defendant was engaged in the creation of the drug. These charges usually involve the discovery of lab equipment and raw materials.
- Charges for distributing heroin are reserved for suspected drug dealing and involve scales, baggies, weapons, or cash being discovered alongside larger amounts of the drugs allegedly possessed.
All heroin charges in Texas will come with very steep penalties with the potential to alter your life forever. Your last chance to turn things around likely lies in the attorney that you choose to represent you for your possession charge in Texas. Make sure to choose an attorney who can take drug charges to court and beat them.
Heroin possession penalties in Texas
What are the penalties for possession of heroin in Texas? Is heroin possession a felony? The answer is yes. Possession of any amount of heroin in Texas is a felony, the severity of which will depend on the amount possessed, as well as a few other factors.
| Amount Possessed | Charge | Maximum Fine | Prison Time |
| Less than 1 gram | State jail felony | $10,000 | Up to 2 years |
| 1 – 4 grams | Third-degree felony | $10,000 | 2 – 10 years |
| 4 – 200 grams | Second-degree felony | $10,000 | 2 – 20 years |
| 200 – 400 grams | First-degree felony | $10,000 | 5 – 99 years |
| 400+ grams | Enhanced first-degree felony | $100,000 | 10 – 99 years |
Penalties for manufacturing or distributing heroin in Texas
How long is a sentence for heroin distribution? Sentences for distribution or manufacture of heroin are longer than those for simple possession and can land you a life sentence in prison.
| Amount Possessed | Charge | Maximum Fine | Prison Time |
| Less than 1 gram | State jail felony | $10,000 | Up to 2 years |
| 1 – 4 grams | Third-degree felony | $10,000 | Up to 20 years |
| 4 – 200 grams | Second-degree felony | $10,000 | Up to life in prison |
| 200 – 400 grams | First-degree felony | $100,000 | Up to 99 years in prison |
| 400+ grams | Enhanced first-degree felony | $200,000 | 15 – 99 years in prison |
Charges for manufacturing or possession with intent to distribute in Texas can be even more serious than the chart implies because they can easily turn into federal drug trafficking charges. If you have been or have reason to believe you will soon be booked on drug trafficking charges, you need to make sure you have a federal trial lawyer ready to come to your defense.
Possible defenses for possession of heroin charge
There is no one correct way to defend felony drug charges, and the best defense for your case will depend heavily on the circumstances of your arrest. Some of the most common defenses to felony drug charges include:
- Lack of knowledge of possession. It must be proved that you knowingly and intentionally possessed the heroin in order to charge you with actual possession of heroin.
- Lack of intent to control. If the drugs were not in your immediate possession the prosecution will have to prove that you had intent to control the drugs allegedly possessed. In some cases, if it can be illustrated that you had no power or control over the drugs then it cannot be said that you really possessed them.
- Unlawful search and seizure. The police have to follow very specific protocols in order to make any kind of arrest. If evidence was obtained outside of protocol, or in a way that somehow violated your constitutional rights, the evidence can be excluded from the trial, causing cases to weaken and convictions to slip away.
Those wondering how to get possession charges dropped should know that although it isn’t impossible, it is very difficult to get charges dropped, and often stems from evidence being excluded due to mistakes being made by the police.
Charged with possession of heroin? Call Thiessen Law Firm for trial-tested defense
If you’re facing possession of heroin charges, you’re facing the likelihood of significant time in prison, and a very different life if you ever emerge from it. Your chance at redemption most likely rests in the criminal lawyer that you hire to represent you. They represent your last chance at turning back the clock and making the right decision the first time.
You only get one shot at freedom. Hire a lawyer with experience going to trial and winning tough cases, like Mark Thiessen. Mark Thiessen and the team at Thiessen Law Firm are obsessed with going to trial and winning tough cases.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation. If we can’t win your case, we don’t know who can.
Call Thiessen Law Firm today at 713.864.9000 or contact us online for a free consultation.
