Illegal Drug Possession
The Texas Controlled Substances Act prohibits the possession of illicit controlled substances. To convict a person, though, the prosecutor must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or had control over an illicit drug.
Penalty for possession is at the very least a Class B misdemeanor or a Class A misdemeanor, which is punishable by up to 1 year in county jail and/or a fine of no more than $4,000, depending on the type of drug. For larger amounts, the penalty can range from a third degree felony to a first degree felony. Possession of marijuana may be classified as a Class B misdemeanor, carrying a sentence of up to 180 days in jail and/or a fine of up to $10,000 for possession of 2 ounces or less of marijuana.
Visit our page on drug offenses in Texas to learn about how to defend against a drug-related charge.
Misdemeanors and Felonies
Misdemeanors and felonies carry varying levels of jail time and fines, depending on the severity of the crime. Some common types of misdemeanor offenses in Texas are low-level drug possession, petty theft, first-offense DWI, and disorderly conduct. Examples of felony offenses are robbery, aggravated assault, indecent exposure to a child, and stalking.
Punishments for misdemeanor will not result in imprisonment in a state penitentiary. Instead, the consequences will likely include up to $4,000 in fines and/or imprisonment in county jail or even house arrest. Visit our page on Misdemeanors to learn about special sentencing Texas provides for certain circumstances like repeat offenses.
Felony-level offenses could range from second degree felony charges to state jail consequences. In addition to the standard jail time and fines, those convicted of felonies may also come with collateral consequences, like losing the right to vote, losing the right to carry firearms, or losing professional licenses. To learn more specifically about the penalties and sentencing for these levels of offenses, visit our page on felonies.
Note that certain individuals can seek to expunge their criminal record, though there are eligibility requirements and waiting periods for when individuals can petition for expunction.
Accusations of Prostitution
Under Texas law, a person is guilty of committing prostitution if they, in return for receipt of a fee, knowingly:
- offer to engage, agree to engage, or engage in sexual conduct; or
- solicit another in a public place to engage with the actor in a sexual conduct for hire.
It is also illegal to pimp or promote prostitution in Texas, which is when a person, acting other than as a prostitute receiving compensation for personally performed prostitution services, knowingly:
- receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
- solicits another to engage in sexual conduct with another person for compensation.
Prostitution can be penalized on varying levels depending on the nature of the act. Prostitution or solicitation of prostitution is a Class B misdemeanor, and pimping or multiple prior prostitution offenses warrant a Class A misdemeanor charge. If an individual has 3 or more previous convictions for prostitution or repeated offenses of pimping, they will likely face state jail felony charges. More serious offenses of aggravated prostitution will lead to third degree felony charges, and activity that involves a minor will face second degree felony sentencing. Visit our page on prostitution to learn about the specific penalties for each class of offense.
Put a Passionate and Skilled Team on Your Side
If you are facing criminal charges in San Antonio, do not hesitate to contact a team of experienced criminal defense attorneys immediately. At The Law Office of Krause & Dailey, PLLC, we seek to fight for dismissals of our clients’ charges and will put up a passionate and dedicated fight in court. Let a team of ethical and empathetic attorneys advocate for your case.