How Proximity to Schools Can Enhance Penalties for Drug Offenses
How Proximity to Schools Can Enhance Penalties for Drug Offenses
In Texas, where a drug crime happens determines a lot in relation to the nature of punishment you are likely to receive. Texas law says that if you commit a drug crime near a school, your punishment can be enhanced. What this means is that drug crimes near schools are highly detrimental as children and youth are put at risk. We will now explain how proximity to a school zone can affect the penalties for drug possession and other related drug crimes, as well as what you can do if you find yourself facing these serious charges.
Texas law has specific statutes that make the punishment for many of those drug offenses greater if committed in “drug-free zones,” which includes areas around schools. According to the Texas Health and Safety Code, Section 481.134, a drug-free zone means all areas that are located within 1,000 feet of a school, playground, or within a certain amount of feet from other areas where children may normally be expected to be present, such as a youth center. If a drug offense is committed in these zones, the punishment is automatically enhanced.
For example, consider the case of someone being found to be in possession of a small amount of marijuana; this would generally be treated/punished at the misdemeanor level. However, if the offense occurred within 1,000 feet of a school, then that same misdemeanor charge can be upgraded to a higher-level offense. The consequences for this include possible increased fines and punishment by way of jail/prison time and/or extended probationary terms.
Texas takes these laws very seriously in order to protect children from drug exposure. The law is aimed at protecting the youth, so that aspect of it is good. However, the effect of the law means that those picked up near schools or other protected areas are likely to face life-changing penalties, even for some relatively minor offenses that maybe didn’t even involve children to begin with; it was just within 1,000 feet from a school.
Enhanced Criminal Penalties for Drug Possession in a Drug-Free Zone
Let’s look at some of the penalties: Generally speaking, a person could be put on probation, fined, or serve jail time as a result of drug possession, depending, of course, on the amount and type of drug involved. But when you add in a drug-free zone, several enhancements start to appear.
First, the minimum sentence is increased. For most, but not all, drug offenses committed within a drug-free zone, the offense level is knocked up one degree as a result of the drug-free zone enhancement. This could mean that if you would have been eligible for probation or a reduced sentence outside of a drug-free zone, those options may be off the table if the offense happened near a school.
Second, conviction for a drug offense occurring in a drug-free zone may result in a greater costs and/or fines. The more severe the crime, the more severe the costs and/or fine could potentially be.
It is important to understand that a school building does not solely define what is considered a drug-free zone. The law contemplates any area within 1,000 feet of a school property line, including areas extending to parking lots and sports fields. The law also encompasses daycare centers, playgrounds, and youth centers. It means that drug offenses committed near these places, even if there were no children present at the time of committing the offense, may be found liable under this enhanced penalty.
Drug-Free Zones as Defined By Texas Law
Most people do not understand how broadly the drug-free zones are defined and, upon being arrested, may not realize their actions occurred in a drug-free zone. This can make the defense of such charges much more difficult, yet at the same time provides an opportunity for a knowledgeable attorney to attack the application of these enhanced penalties.
One possible defense, for instance, might be that the alleged offense was not committed within a drug-free zone. In some instances, police embellish on how near an offense happens to a school, or the boundaries of a school or childcare center are not well-defined. Detailed examination of the maps, GPS information, and other evidence sometimes may show that the offense did not occur within the 1,000-foot radius. This would need to be established and presented on your behalf by your skilled attorney; they will know the most effective way to handle the presentation of this evidence, if any.
Another potential defense strategy would be attacking the intent of the offense. The law is highly unforgiving toward offenses taking place in drug-free zones; however, if it can be demonstrated that one had no intention of distributing drugs near a school or in any way involving children, it may perhaps be a factor in negotiating a more favorable outcome and getting the prosecutor to agree to drop the enhancement.
If you are facing charges related to drugs in Galveston or any other area within Texas, and if those charges involve a drug-free zone, then it is very important that you understand your rights and options under the law. Charges for drugs are serious and may have an effect on everything in your life, from your freedom to getting jobs in the future. However, with the right kind of defense strategy, it could be possible to reduce or even dismiss charges against you.
Drug-Free Drug Possession FAQs
What Constitutes a Drug-Free Zone in Texas?
Drug free zones in Texas include anywhere within 1,000 feet of school property, a youth center, or a playground; within 300 feet of a public swimming pool or video arcade establishment; or on a school bus. These areas have been designated to protect children against any drug-related activities. The fact that no children were present where the offense was committed is irrelevant, and the consequences of the drug crimes committed here are increased.
What Are the Increased Punishments for Drug Crimes Close to a School?
In Texas, if you’re caught with drugs in a designated “drug-free zone,” the charges against you can be much more serious. Even if you’re caught with a small amount for the first time, it could be considered a felony instead of a misdemeanor. This means you could face a longer prison sentence and a higher fine.
Does It Matter If I Didn’t Know I Was in a Drug-Free Zone?
Ignorance of being in a drug-free zone is not a defense under Texas law. Even if you were unknowingly near a school in another protected area, you could still face enhanced penalties. An attorney might, however, be able to challenge whether the offense actually occurred within the drug-free zone depending on the specific circumstances of the case.
Can the Attorney Assist If My Offense Took Place Near a School?
Yes, a good attorney can assist by reviewing the facts of your case and challenging the application of the drug-free zone law by arguing either that the offense did not take place in that zone, or they can contest the intent behind the offense. A well-prepared and strategic defense may result in reduced charges or penalties in certain circumstances.
How Large Is the Zone Around a School Where Drugs Are Prohibited?
The drug-free zone extends 1,000 feet from the property line of any school, daycare center, youth center, or playground. The area includes not only the actual building where school is in session but the parking lots, sporting fields, and other areas that are encompassed by the property. The law is geared toward providing a buffer zone around places where children are likely to be present.
What If I Am Charged with a Drug Offense in a Drug-Free Zone?
The first thing you should do is seek the advice of a defense attorney if charged with an offense in a drug-free zone. A defense attorney will investigate the specifics of your case and determine the appropriate course of action to take in defending the charge. In some instances, the attorney can contest whether or not the offense actually occurred within the drug-free zone and if successful, then they have a greater ability to negotiate the charges and work out a favorable plea deal for you.
Is It Possible for Me to Receive Probation If I Am Convicted of a Drug Crime That Occurred Near a School?
While drug crimes occurring in drug-free zones carry enhanced sentencing, probation is not necessarily ruled out. Instead, the sentence length will be longer due to the increase in minimum sentences, and the conditions to use probation may be more restrictive. Your attorney can help you decide whether or not probation may be a realistic option for you.
If you are dealing drugs in a zone near a school or within a drug-free zone, the consequences can be severe. Don’t gamble with your future trying to face drug charges on your own. Mark Diaz & Associates can help you sort things out. Our team is capable of challenging drug-free zone enhancements with experience and fighting for a favorable result in your case. Contact our Galveston drug possession defense attorney at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We proudly serve clients in Galveston, Houston, and surrounding areas.