Last week I was sentenced by Kerr county, Texas to 3 years deferred adjudication probation for a felony posession charge of less than 1 gram...

Question

Last week I was sentenced by Kerr county, Texas to 3 years deferred adjudication probation for a felony posession charge of less than 1 gram of morphine. I had one 15 mg tablet. I did some research and think that my charge was a class a or b misdemeanor. They charged me with a 3rd degree felony. Did I get a bad rap? I feel like the crime doesn't fit the punishment. I had a court appointed attorney. Is one 15mg morphine fall into a different category than cocaine? In this case it doesn't seem that way.

Answer

Drug Crimes and the penalties for them are classified in penalty groups. Cocaine and morphine are not in the same penalty group.

The penalty groups are listed below:

Oxycodone and Hydrocodone (over 300 mg).

Penalty Group 1a: LSD (Lysergic Acid Diethylamide).

Penalty Group 2: Ecstasy, PCP (Phencyclidine), Mescaline, Marinol,

Penalty Group 3: Valium, Xanex, Ritalin, and Hydrocodone (less than 300 mg.)

Penalty Group 4: Dionine (morphine), Motofen, Buprenorphine (an opioid), and Pyrovalerone.

The penalties for each penalty group are listed below:

Penalty Group 1A:

Less than 20 units: State jail felony

Between 20 and 80 units: 3rd Degree Felony

Between 80 and 4,000 units: 2nd Degree Felony

4,000 to 8,000 units: 1st Degree Felony

Over 8,000 Units: Enhanced 1st Degree Felony

Penalty Group 3 &4

Less than 28 grams: Class A Misdemeanor.

28 to 200 grams: 3rd Degree Felony

200 grams to 400: 2nd Degree Felony

400 grams or more: 1st Degree Felony.

If you think that there is something wrong with the way you were charged and you want to challenge it, you should do so as soon as possible because the window of time to complain is very small. You generally only have 30 days to file the appropriate papers to contest the sentence.

You should not only consult an attorney immediately, you should hire one immediately. Hope this helps.