If you are charged with a drug trafficking crime, you might have questions about the consequences you could be facing. The penalties for a trafficking conviction can be harsh, but you are not likely to receive a death sentence without being convicted of additional crimes as well.
Under state law, the only crime you might receive a death sentence for is capital murder. Federal death penalty laws are broader than Texas laws, and although unlikely, federal law does permit a death sentence in cases involving extremely large quantities of drugs.
Even if you are not facing the death penalty, the consequences of a federal or state drug trafficking conviction can severely impact your future. If you have been charged with drug trafficking in Texas, a criminal defense attorney at Vinas & Graham, PLLC, can help. Our attorneys represent clients facing drug trafficking and other federal criminal charges.
The Death Penalty Law In Texas
Although Texas law technically allows for the death penalty in certain child rape cases, the law is considered emblematic because no person has, nor probably will, ever be put on death row for rape. Realistically, only someone convicted of capital murder in Texas could possibly be sentenced to death.
Capital murder is the state’s most serious crime. A homicide crime is elevated to capital murder when certain aggravating factors exist, such as the homicide was a murder for hire or the victim was an on-duty police officer. Therefore, you could only be sentenced to death under state law if a homicide conviction accompanied your drug trafficking charges.
Federal Capital Punishment Law
Under federal law, more crimes may be punishable by death than under Texas state laws. As mentioned above, according to the federal Death Penalty Act, defendants convicted of trafficking extremely large quantities of drugs may be sentenced to death.
However, there are constitutional questions about whether it is legal to sentence someone to death for a non-homicide crime, such as drug trafficking. It is unlikely that someone would receive the death penalty for drug crimes alone, and to date, no defendant has been sentenced to death for drug crimes that did not involve homicide as well.
Consequences For A Drug Trafficking Conviction
Unlike drug possession charges (where you are only charged with having drugs in your possession), drug trafficking generally involves the intent to manufacture and distribute illegal drugs. Trafficking is a much more serious charge than possession.
Even though you will probably not be sentenced to death for drug trafficking alone, the punishment for a drug trafficking conviction can be severe and life-changing. For example, the harshest penalties can result in life in prison and being ordered to pay millions of dollars in fines.
The consequences for a trafficking conviction depend on several factors, such as the type and amount of drugs you are charged with trafficking. Other considerations include your criminal record and whether you are facing state or federal charges.
If drugs were imported from another country or moved across state lines, you are more likely to be prosecuted in federal court than if the drug activity occurred within state lines.
Defending Drug Trafficking Charges
Being charged with trafficking does not mean you will be convicted, especially if you can raise one or more solid defenses. Common defenses to drug charges include:
- The drugs did not belong to you.
- You did not know illegal drugs were in your possession.
- There was no intent to manufacture, transport, or distribute an illegal substance.
- Law enforcement officers violated your constitutional rights in an unlawful search and seizure.
- Problems with the evidence chain of custody.
- You were the victim of police entrapment.
- You knew that there were contents in your possession but did not know that they were illegal drugs.
Contact A Drug Trafficking And Federal Crimes Attorney
The stakes are high when you are facing drug charges in Texas. Contact a drug trafficking and federal crimes attorney at Vinas & Graham, PLLC. We know that nothing is more important than a strong defense when you have been charged with federal and state crimes.
Call our office at 713-229-9992 or see our contact page to schedule a confidential consultation. Our attorneys have decades of experience standing up to state and federal prosecutors on behalf of our clients. We will help protect your rights and your future by pursuing the best possible outcome in your case.
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