.. Loading ..

Criminal Defense Attorney

Drug Manufacturing Charges

Without a highly trained defense lawyer on your side, you risk forfeiting your rights.

Free Consultation
     Available 24/7, Houston/Galveston

Fully Transparent
  • Mentioned In:

  • Mentioned In:
  • Mentioned In:
  • Mentioned In:
  • Mentioned In:
  • Mentioned In:

Drug Manufacturing Involves Severe Penalties

Texas law imposes various penalties for drug-related crimes, including possession, trafficking, and drug manufacturing. Drug manufacturing includes growing, cultivating, and producing controlled substances to be sold illegally. Because drug manufacturing typically involves producing large quantities for distribution, the consequences are much more severe than those for other drug crimes.

Manufacturing charges can also be brought in federal court, where the penalties are often more serious. A single conviction can result in fines as high as $250,000 and prison sentences that go all the way up to 99 years. If you are facing a manufacturing charge, do not assume you will be convicted. I have successfully defended drug manufacturing cases in both state and federal courts.

Lawyers Degree With Graduation Hat
Criminal Defense Lawyer TX

Drug Manufacturing Charges Are Very Broad

When it comes to drug manufacturing crimes, law enforcement officials cast a very broad net. Because making certain substances, such as methamphetamines, requires professional-grade lab equipment and large quantities of supplies, simply possessing certain items can land you in jail on a drug manufacturing charge.

Additionally, it is not uncommon for police to arrest pharmacists and lab technicians who have access to legal chemicals used to produce controlled substances. In some cases, even delivery truck drivers have found themselves accused of manufacturing illegal drugs. Although these individuals may be completely innocent of any crimes, they must still defend themselves against serious drug charges.

How Texas Classifies Controlled Substances

The Texas Controlled Substances Act is the principal state law dealing with illegal drug manufacturing. The Act divides controlled substances into four so-called penalty groups. Each group addresses a different category of illegal drug and establishes separate penalties for their manufacture. Here is a brief overview of each penalty group and the types of drugs that can land you in trouble for each group:

Penalty Group 1 includes opiates, opium derivatives, cocaine, poppy straw concentrates, cocaine, Methamphetamine, and Gamma hydroxybutyric acid (GHB). There is also a subgroup, known as Penalty Group 1-A, which includes lysergic acid diethylamide (LSD) and its derivatives.

Penalty Group 2 includes hallucinogens and other drugs designed to have a “depressant effect” on the body’s central nervous system.

Penalty Group 3 includes recreational drugs that have a “stimulant effect” on the body’s central nervous system, such as anabolic steroids or Peyote.

Penalty Group 4 includes all other narcotic drugs that contain at least one non-narcotic active medical ingredient.

Quantity Matters When It Comes to Drug Manufacturing Charges

The severity of a drug manufacturing charge is usually based on the quantity of drugs recovered by the police. Each penalty group has its own sliding scale of offense levels tied to specific thresholds. Here is a rundown for each group:

Penalty Group 1: + Less than 1 gram: State jail felony + 1-4 grams: Second-degree felony + 4-200 grams: First-degree felony + 200-400 grams: 10 years to life in prison and a fine of up to $100,000 + More than 400 grams: 15 years to life in prison and a fine of up to $250,000

Penalty Group 1-A: + Less than 20 units: State jail felony + 20-80 units: Second-degree felony + 80-4,000 units: First-degree felony + More than 4,000 units: 15 years to life in prison and a fine of up to $250,000

Penalty Group 2: + Less than 1 gram: State jail felony + 1-4 grams: Second-degree felony + 4-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

Penalty Group 3: + Less than 28 grams: State jail felony + 28-200 grams: Second-degree felony + 200-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

Penalty Group 4: + Less than 28 grams: State jail felony + 28-200 grams: Second-degree felony + 200-400 grams: First-degree felony + More than 400 grams: 10 years to life in prison and a fine of up to $100,000

Prosecutors Aggressively Pursue Drug Manufacturing Convictions

Although many within the criminal justice system feel sympathy toward individuals charged with abusing drugs, they feel nothing but contempt for the people who make them. As a result, they aggressively pursue convictions for drug manufacturing.

Prosecutors use every available evidence collection method, including wiretapping, surveillance, and the use of informants. Because the stakes are so high, you need a drug crime lawyer who will use just as many defense tactics to either reduce your charges or get your case dismissed.

Law Books
Criminal Defense Lawyer TX

Defenses to Drug Manufacturing

Because a drug manufacturing charge carries such strict penalties, the prosecution must satisfy the highest legal standard to obtain a conviction. Unless the government proves your guilt beyond a reasonable doubt, you cannot be convicted. Through years of courtroom experience, I know how to uncover police mistakes and expose improper procedures.

Common law enforcement errors include illegal searches, improper seizures, and invalid warrants. Evidence obtained through illegal methods can result in your case being thrown out of court. Without a highly trained defense lawyer on your side, you risk missing these errors and forfeiting your rights.

Another possible defense to a drug manufacturing charge is lack of knowledge–that is, the defendant simply did not know that illegal drugs were being produced or cultivated on their property. The prosecution may also be unable to prove the defendant intended to actually “deliver” any illegal drugs to other people.

In other cases, the government may be unable to prove the exact quantity of drugs involved, which as we explain above is critical when it comes to this type of charge. Finally, if the drug itself was actually produced in compliance with federal law–specifically FDA regulations–then the state cannot make an illegal drug manufacturing charge stick.

A Drug Manufacturing Conviction Can Follow You for Life

While drug manufacturing may be a non-violent crime, it is still considered a felony in most cases. This means if convicted, you will be labeled as a felon, potentially for the rest of your life. Here is how this may affect your life going forward:

  • You may be legally barred from certain professions that require a state license.
  • You may have difficulty finding work even in unlicensed fields, particularly if an employer runs a criminal background check.
  • You may be denied access to rental housing.
  • You may be denied admission to a college or university.
  • If you are currently in the United States as a legal immigrant, a felony conviction can lead to the cancellation of any Visa you might hold and ultimately deportation.
  • If you have minor children, a felony conviction can affect your custody and visitation rights; you may also be prohibited from adopting or fostering children in the future.

You might also be wondering how a felony conviction affects your right to vote in elections. Unlike many other states, Texas actually does not permanently bar convicted felons from voting. While you are ineligible to vote while in prison, after completing your sentence you can re-register and vote in elections going forward. However, other civil rights, such as the ability to serve on a jury, can only be restored after a felony conviction by receiving a pardon.

How Can a Galveston Drug Manufacturing Defense Lawyer Help You

Drug manufacturing cases go well beyond a defendant caught using marijuana for recreational purposes. Texas prosecutors take drug manufacturing very seriously and will not hesitate to throw the book at any defendant they believe to be guilty. This is why if you find yourself charged with any type of drug manufacturing crime, you need to work with an experienced Galveston criminal defense attorney who will fight for your rights in court.

An experienced drug crimes attorney understands the legal system and the complex web of policies and procedures involved in a criminal trial. As a defendant, it is easy to get overwhelmed, especially if you have never been in trouble with the law before. But even if you do have a prior record, felony drug manufacturing charges can represent an entirely different experience. The fact that a small amount of a “controlled” substance can send you to prison for years–even decades–is enough to put the fear of God into anyone.

The good news is you do not have to face this experience alone. Our Galveston drug manufacturing defense attorneys are ready to stand by your side from start to finish. From dealing with your first appearance before a judge to handling a jury trial, we offer aggressive, full-service criminal defense representation. So, contact us today to schedule a free initial consultation. We can sit down and discuss your situation and advise you on how best to proceed.

Federal Criminal Defense
Drug Possession
White Collar Crimes
DWI Charges

Free Case Evaluation

Call us 24/7 at (409) 515-6170 or fill out the form below
to receive a free and confidential initial consultation.

    We Respect your Privacy, Any information submitted will be confidential

    Only the finest

    Meet our Attorneys

    When you have been charged with a crime, you need experienced lawyers who focus exclusively on defending criminal cases and who will aggressively protect your rights. Throughout our careers, We have successfully handled every type of criminal defense case. More importantly, criminal defense is the only thing we do.

    Case Defense Lawyer Jessica Ebbs

    Jessica Ebbs

    Award Winning Felony Case Defense Lawyer

    Criminal Defense Lawyer Mark Diaz

    Mark Diaz

    Experienced and Aggressive Texas
    Criminal Defense Attorney

    Criminal Lawyer Thomas Overhouse

    Thomas Overhouse

    Criminal Defense Lawyer

    I put all my trust in Mark some years back and he took damn good care of me and my case. -Michael Lawson

    5
    Star Rated
    8276
    Resolved Cases
    3
    Professional Lawyers
    click to call
    Schedule a Callback

      We Respect your Privacy, Any information submitted will be confidential