With the increase of drug use and related crimes in America, many states have enacted laws to crack down on the possession of controlled substances. Texas is among these, and the possession or use of Methylenedioxymethamphetamine (MDMA), commonly known as ecstasy and sometimes called XTC, X, E, or Molly, can lead to serious consequences.
If you've been charged with the possession of this drug, you face the potential for jail time, steep fines, and a mark on your criminal background. The criminal justice system can be overwhelming, but with the help of an experienced defense attorney, you can take steps to defend your future.
Houston Ecstasy Defense Lawyer
Matt Horak has helped to defend hundreds of clients in Houston and throughout Harris County who are facing drug charges, including ecstasy offenses. He can help you to understand the options available to you and pick the one that fits your situation best. You're facing a difficult time, and you need the help of an attorney that can minimize your stress.
Call Horak Law today at (713) 225-8000 to schedule your free consultation.
The federal drug categorization system classifies Ecstasy as a Schedule I substance, and Texas lists it under Penalty Group 2. This means that it carries serious penalties for offenses at both a state and federal level. Typically a simple charge such as possession will be pursued by local law enforcement and prosecuted according to Texas law. But if an offense involves a large amount of ecstasy, the charge occurred in more than one state or on federal property such as an airport, the offense can be pursued by the DEA, and prosecuted on a federal level.
There are several offenses that involve ecstasy, such as manufacturing, selling, distributing, or trafficking, but the most common offense by far is possession. A simple possession charge is considered a felony for any amount and carries a minimum jail sentence.
Possession of Ecstasy
The possession of a drug is defined as an individual being in willful and knowing custody of the substance. This means that an individual must intend to possess the drug and know that they have it. Even if it's not physically on your person you can still be charged with possession if the drug can be proven to be in your charge, such as in a suitcase of your glove-box.
The penalties for possessing ecstasy vary depending on the amount in question as follows:
- Less than 1 gram: the charge will be a State Jail Felony with a minimum jail sentence of 180 days that can be extended to a maximum of 2 years and a possible fine of up to $10,000.
- 1-4 grams: this offense is a 3rd-degree felony with a minimum sentence of 2 years in jail. This sentence can last up to 10 years and can be accompanied by a fine of up to $10,000.
- 4-200 grams: this offense is a 2nd-degree felony with a minimum sentence of 5 years in prison, with a maximum sentence of 20 years and an optional fine of up to $10,000.
- 200-400 grams: the offense is a 1st-degree felony which carries a minimum jail sentence of 5 years in prison that can be extended up to 99 years and can include a fine of up to $10,000.
- Over 400 grams: this offense is an enhanced 1st-degree felony which carries a minimum penalty of 10 years in prison that can be extended up to 99 years or life in prison and can accompany a fine of up to $10,000.
Hiring a Harris County Ecstasy Attorney
A charge for a drug crime can have a huge impact on your future. But with the help of Houston attorney Matt Horak, you can feel confident that your rights are being protected and he is proactively defending you at every turn.
Those facing ecstasy charges in Harris County, Montgomery County, Fort Bend County, or the surrounding areas can call (713) 225-8000 today to schedule a free consultation with Matt Horak to discuss the option available to you.