Heroin, or Diacetylmorphine, is a controlled substance that has been classified as a dangerous drug under Texas law.
As a dangerous controlled substance with a high capacity for addition and abuse, the drug is always under close scrutiny & high criminal enforcement in Texas as it poses a threat to public health. Like other “dangerous drugs”, possession of any amount of heroin or morphine, for any reason, is a felony offense.
Heroin may be referred to as, or related to, the following; diacetylmorphine, morphine, tar, smack, horse, H, brown, black tar, opium, and opium poppy.
Why Heroin is Becoming a Problem in Houston
Heroin is commonly used as a substitute for pain killers. Morphine is often used as a pain treatment medication for medical patients dealing with serious physical injury or depression.
In a lot of cases in which heroin users have been interviewed, it has been found that their heroin addition derived from an addiction gained while on prescription drugs. That makes the situation involving heroin as much of a public health risk as it is a concern for Houston, TX area law enforcement agencies.
Criminal Penalties for Heroin in Texas
Felony charges will persist if a person is found to have been involved with the distribution, import, manufacture, or found to be in possession of heroin. Below is chart illustrating criminal penalties for persons convicted of drug crimes involving heroin in Texas.
| WEIGHT | CLASS | PENALTY | MAX FINE |
|---|---|---|---|
| Under 1 Gram |
State Jail Felony |
Up to 2YR State Jail | $10,000 |
| 1 - 3.99g |
3rd Degree Felony |
2-10YR TDC |
$10,000 |
| 4 - 199g |
2nd Degree Felony |
2-20YR TDC | $10,000 |
| 200-399g |
1st Degree Felony | 5-99YR TDC | $50,000 |
| 400g or More |
Enh. 1st Degree Felony | 10-99YR TDC | $100,000 |
Avoiding Jail For Heroin in Houston
Criminal courts in Texas are well aware of the situations that can create new additive circumstances and do have solutions outside of jail for people arrested for heroin, that are addicted to the drug.
The criminal courts that handle drug cases in Harris County may agree to allow the defendant to take advantage of probation if they participate in a drug rehabilitation and education program.
If we’re successful in petitioning the court to grant you probation you’ll avoid jail. Contact attorney Joe Gagliardi for more information about how we can help you based on the details of your case.
Get Legal Representation for Your Heroin Case
The Gagliardi Law Firm, PLLC is always ready to talk with fellow Houstonians who are facing prosecution for “accusations” of their involvement in crimes involving large amounts of dangerous drugs. Whether you’ve been arrested and charged for offenses related to trafficking heroin, or using heroin, you’ll need a criminal defense attorney who is confident and well practiced if you’re to have any chance of success in the Texas criminal court system.
When people are accused of crimes involving drugs, the public tends to see them as a threat to society. But with a smart articulation of your situation, while illustrating your character, the jury will see you as a human being, rather than that of the savage drug offender the prosecution will attempt to paint you as.
The Gagliardi Law Firm, PLLC will defend your good name, your dignity, and your freedom.
Contact Us To Schedule Your 100% Confidential Consultation