Charged with Manufacture & Delivery ?
Call Austin, TX Drug Crimes Lawyer Jackson F. Gorski at 512-960-4646.
If you are facing criminal charges for manufacture & delivery of a controlled substance, it’s a very serious offense in Texas that exceeds a charge for a simple possession of drugs.
The statute that covers manufacture & delivery of a controlled substance is broad. Texas law not only penalizes the manufacture & delivery of the controlled substances, but also the possession with the intention of delivering. This means that the offense can land you in prison even if you did not literally transfer or deliver the contraband. Manufacture & delivery of drugs or controlled substances are always classified as felonies in Texas, regardless of the amount of the substance in question. Controlled substances and their penalties are outline in Chapter 481 of the Texas Health and Safety Code.
If you’re subject to prosecution in Travis County, TX for manufacture & delivery of a controlled substance, and you need an experienced Austin drug charge lawyer who will put in the time to develop a viable defense for you, call The Law Office of Jackson F. Gorski at 512-960-4646.
The Meaning of Manufacture & Delivery
These two terms are clearly defined in the Texas Health and Safety Code. When law enforcement officers find controlled substances with a person, it may not be clear right away whether that individual was distributing, selling, or in possession of them for personal use. However, the police will try to determine the state it was stored; if it was in one container, it could be for personal use but several containers could mean distribution.
Manufacture is a term that refers to the production or preparation of drugs or controlled substances. This includes packaging and labeling of the containers as well.
Delivery, on the other hand, means to transfer either actually or constructively a controlled substance to another party. The offense includes selling or offering to sell the drug, counterfeit or simulated substances, and drug paraphernalia.
In short, delivery and manufacture cases are applied to the creation of the substance or making it available to another person.
Controlled Substance Penalty Groups in Texas
Under the Texas Controlled Substances Act, controlled substances, which include narcotics, medications, prescription pills, medications without prescriptions, chemicals, depressants, hallucinogens, man-made and natural substances, are classified into four penalty groups.
Special Note: marijuana has it’s own penalty group.
These penalty group of the drug in question determines the punishments for persons convicted of manufacture and delivery. The most severe penalties fall under PG1. Listed below are the four penalty groups:
Penalty Group 1
PG1 contains the most dangerous substances, which are considered to have little or no medical value at all. Most of the hard substances that come to mind when you think of drugs usually fall here. They include heroin, methadone, uppers, meth, cocaine, and many others.
Penalty Group 2
PG2 contains substances that stimulate the central nervous system such as psilocybin, bath salts, and other hallucinogens.
Penalty Group 3
PG3 consists of the depressants of the central nervous system. Most are prescribed drugs for treating anxiety. They include Xanax, Ambien, Valium, and many others.
Penalty Group 4
PG4 describes limited quantities of narcotics as well as some non-narcotic medical ingredients.
Criminal Penalties for Manufacture & Delivery
The penalties vary depending on the penalty group the substance falls under. Outlined below are the penalties for group 1, which is the group that most controlled substances found on offenders fall under. The penalties for the other groups have only slight variations from this one.
|<1gram||State Jail Felony||180D-2YR State Jail - 10K Fine|
|1-3.99 Grams||2nd Degree Felony||2-10YR TDCJ - 10K Fine|
|4-199 Grams||1st Degree Felony||2-20YR TDCJ - 10K Fine|
|200-399 Grams||1st Degree Felony||10-99YR TDCJ - 100K Fine|
|400+ Grams||1st Degree Felony||15-99YR TDCJ - 250K Fine|
Special Note: The criminal classification of the offense will be enhanced by one degree if a child was present at the crime location.
Accused of Manufacture & Delivery in Austin?
Call Austin Drug Crimes Lawyer Jackson F. Gorski for Help!
If you are facing criminal charges for the manufacture or delivery of a controlled substance your freedom is at stake. You’ll need a skilled Austin drug crimes lawyer by your side to have any chance of getting your case dismissed and, if the evidence against you is overwhelming, avoiding the maximum sentence.
An experienced attorney like Jackson F. Gorski may be able to negotiate a case dismissal if it’s supported by the evidence or a lack thereof, or a lesser sentence via some form of plea bargain if other options fail or aren’t available. Do not despair. Call Austin criminal defense lawyer Jackson F. Gorksi immediately to learn more about your rights and to take advantage of our free case evaluation.
The phone number to The Law Office of Jackson F. Gorski is 512-960-4646.