Texas law has a statute criminalizing conspiracy to commit an unlawful act, such as manufacturing or distributing drugs. In order to prove a conspiracy charge, the prosecutor must prove that two or more people agreed to commit a criminal offense, and at least one of them made one overt act in an attempt to commit the offense. Drug conspiracy means that two people can be together and one of them says to the other, “Let’s go find 20 kilos of cocaine and then sell it.” The other one says, “Okay. Let’s do it.” Later, one of them asks a third person for directions to a place to buy cocaine that could later be sold. The drug conspiracy is now complete. Two people had an agreement to sell cocaine and one made an overt act in pursuance of the agreement. If convicted of conspiracy to sell cocaine, the penalty can be the same as if they actually sold cocaine.

This means that you can be convicted, jailed, and sentenced the same for just planning to sell cocaine just as severely as if you had actually made the sale. Don’t take a plea deal, you need a Houston Drug Conspiracy Attorney for drug charges like conspiracy who know how to defend these audacious cases.

Why Do I Need an Attorney for Drug Conspiracy Charges If I Didn’t Commit a Crime?

Texas prosecutors often add conspiracy charges to the offenses of manufacturing or intent to distribute a controlled substance, because it is easier to get a conviction for the conspiracy offense than for the actual commission of the offense. Also, conspiracy to commit the offense and the commission of the offense are two separate crimes, so the defendant has two charges to defend against and, if convicted, will have two felony convictions. In Texas, the penalties for drug conspiracy charges are commonly the same as for the actual crime, so it is imperative to retain a drug conspiracy lawyer who can successfully fight all drug charges.

Under Texas Penal Code, section 71.02, the only elements of a drug conspiracy charge are:

1. One person enters into an agreement with one or more persons that at least one of them will manufacture or distribute a controlled substance; and
2.  At least one of them commits an overt act in pursuance of the agreement.

Penalties for Repeat and Habitual Felony Drug Charge Convictions

Under Texas law, penalties for repeat drug charge offenders are substantially enhanced, even if a great deal of time has passed between drug offenses.  In order to have the penalty increased, the state must provide documentary proof that the defendant has been previously convicted of specific drug offenses. The proof must consist of documents showing the judgment and sentence of each prior offense and the amount of jail or prison time the defendant actually served.

Enhanced penalties for repeat offenders may result in a life sentence in prison, even if the offense would carry only a penalty as a state felony if it had been the first offense. The actual sentence imposed depends on the specific drug involved in the offense currently being prosecuted, and the amount of the drug the prosecution proves the defendant possessed.

If you are facing a drug conspiracy charge, whether this is your first offense or you have had previous drug offense convictions, you are facing a potential life sentence. It is of the utmost importance that you have an experienced Houston Drug Conspiracy Attorney in your corner, fighting the charges on your behalf.