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Do I Need a Lawyer for a Fentanyl Crime?
YES! A Fentanyl conviction has potentially lifelong consequences, such as prison time, loss of constitutional rights, and a felony conviction on your criminal record. Our team is experienced in these matters and would love to help protect you!
Contact us at (817)810-0088 for a FREE Consultation!
What is Fentanyl?
Fentanyl is a pain relieving opioid that can give the user a euphoric feeling, but the user can also be met with drowsiness and nausea. Fentanyl is derived from the opium poppy plant. Fentanyl is primarily trafficked into the U.S. through Mexico and China. Fentanyl is primarily ingested via snorting in powder form or orally by pill.
Common Fentanyl Street names include:
Fent
Perc
Blues
To learn more about Fentanyl, visit the DEA’s website.
Under Texas Health & Safety Code §§ 481.102 – 481.105, drugs like Fentanyl, are classified into four different penalty groups:
Penalty 1/1A/1B
Penalty 2/2A
Penalty 3
Penalty 4
Fentanyl is categorized under Penalty Group 1-B under Texas Law. Penalty Group 1-B drugs are different kinds of opiates. These are considered “hard” drugs.
Potential punishment for Fentanyl offenses differs depending on the type of offense. In Texas, there are three different types of drug offenses – possession, manufacture, and delivery.
What is the Punishment Range for Fentanyl Possession Under Texas Law?
Possession of any amount of Fentanyl is a felony punishable by prison time. Possession means the care, custody, and control or management of Fentanyl (Tex. Penal Code § 1.07(a)(39).
The range of punishment is dependent on the weight/amount a person has in their possession:
Less than 1 Gram (POSS CS PG1 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and a fine up to $10,000.
One to Four Grams (POSS CS PG1 1-4G), Third Degree Felony, punishable between two years to ten years in prison and a fine up to $10,000.
Four to 200 Grams (POSS CS PG1 4-200G), Second Degree Felony, punishable between two years to twenty years in prison and a fine up to $10,000.
200 to 400 Grams (POSS CS PG1 200-400G), First Degree Felony, punishable between five years to 99 years in prison, and a fine up to $100,000.
400 Grams or More (POSS CS PG1 >400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.
What is the Punishment Range for Fentanyl Manufacturing and Delivery?
The manufacture, delivery, or possession with intent to deliver any amount of Fentanyl is a felony punishable by prison time. The Manufacture of Fentanyl refers to the production, preparation, propagation, compounding, conversion, or processing of Fentanyl by extraction from substances of natural origin and includes the packaging of Fentanyl or labeling of its container. (Tex. Controlled Substances Act § 481.002(25)); whereas, the delivery of Fentanyl refers to the transfer of Fentanyl to another (Tex. Controlled Substances Act § 481.002(8)). The range of punishment is dependent on the weight/amount and is much more severe than simple possession:
Less than 1 Gram (MAN/DEL CS PG1 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and a fine up to $10,000.
One to Four Grams (MAN/DEL CS PG1 1-4G), Second Degree Felony, punishable between two years to 20 years in prison and a fine up to $10,000.
Four to 200 Grams (MAN/DEL CS PG1 4-200G), First Degree Felony, punishable between five years to 99 years in prison and a fine up to $10,000.
200 to 400 Grams (MAN/DEL CS PG1 200-400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.
400 Grams or More (MAN/DEL CS PG1 >400G), Enhanced First Degree Felony, punishable between 15 years to 99 years in prison, and a fine up to $250,000.
How to FIGHT - Contact Us for a FREE Consultation with our Tarrant County Criminal Defense Lawyers:
If you or a loved one are facing a Fentanyl offense, you need a dedicated criminal defense lawyer to be on your side! A Fentanyl Conviction carries substantial prison time, permanently stains your criminal record, and results in numerous collateral consequences.
The Law Offices of David Sloane have prepared and experienced attorneys ready to FIGHT FOR YOU!
Our Tarrant County Criminal Defense Lawyers have helped thousands of clients fight Fentanyl related cases in Texas and throughout the greater Dallas – Fort Worth Area, such as: