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Secrets of the Texas Criminal Justice System and Your Rights
Drug conspiracy is a standard charge under both state and federal laws. By charging individuals with conspiracy, prosecutors can pursue as many people as possible to seek the information they need. Since the potential penalties for this charge can be harsh, contacting a Lubbock drug conspiracy lawyer for advice may give you a much-needed advantage.
Proving your innocence in a drug conspiracy case can be complicated. You could be found guilty of conspiracy even if you never committed the underlying crime. Do not hesitate to contact a criminal defense lawyer for help fighting back against your conspiracy charges.
Drug Conspiracy in Plano
State law does not establish a specific offense called drug conspiracy. Instead, the Texas Penal Code describes a general criminal conspiracy offense that can apply to all felony offenses, including drug crimes. Under Texas Penal Code §15.02, a criminal conspiracy occurs when:
- Two or more individuals agree that one or more of them will commit a felony offense
- One or more of the parties to the agreement takes an overt act toward carrying out the felony offense
A conspiracy to commit a crime need not be in writing or even explicitly agreed to during a meeting of all parties involved. If a judge or jury can infer from the actions of the parties that a conspiracy existed, then the evidence may be enough for a conviction.
Furthermore, as a drug conspiracy lawyer in Lubbock may advise, only one party to the conspiracy is required to commit an overt act to further the commission of the underlying crime. The overt act is not required to be an illegal act in itself. Behaviors such as buying a gun to use during the crime, driving a vehicle to the intended location, or purchasing a disguise could constitute overt acts in some circumstances.
Penalties for Drug Conspiracy Under State Law
Generally, state conspiracy charges in Lubbock are one level lower than the highest classification of charges for the underlying crime. For instance, if the highest possible level of the underlying criminal offense is a state jail felony, then the conspiracy charge would be a Class A misdemeanor. This penalty scheme differs from federal law, in which a conspiracy charge is the same level as the underlying offense.
For example, Tex. Health and Safety Code § 481.112 provides that the distribution or manufacture of between four and 200 grams of a Penalty Group 1 drug is a first-degree felony. A conspiracy to commit this offense would be a second-degree felony under state law. A conviction could result in a maximum 20-year prison sentence, as opposed to a life prison sentence for the underlying offense.
Drug conspiracy charges mainly involve large-scale drug operations, whether for manufacturing, cultivating, or distributing the drugs. Although the prison sentences may be less for conspiracy to commit a drug offense than the underlying crime, the outcome still can be harsh. Contacting a drug conspiracy attorney in Lubbock for advice in this situation could be a valuable step toward a favorable resolution of the charges.
Consult a Lubbock Drug Conspiracy Attorney for Advice
A conspiracy conviction could have a dramatic impact on your personal and professional future. As a result, you should consider immediately contacting a Lubbock drug conspiracy lawyer for help with your case. By building a strong defense from the outset of your case, you may put yourself in a better position to achieve a positive outcome. Call today to set up a consultation.