Charged With A Heroin Crime? You Need A Strong Defense

Heroin Attorney in Dallas, Texas

Felony Drug Defense with Prosecution-Side Experience

A heroin arrest in Texas is serious from the moment it happens. Heroin is classified as a Penalty Group 1 controlled substance under the Texas Controlled Substances Act, the highest classification in the state, and every charge involving it is a felony. There is no misdemeanor threshold. Whether you were found with a small amount or accused of delivery, a conviction carries lasting consequences: prison time, fines, loss of voting rights while incarcerated, barriers to employment and professional licensing, and a permanent felony record that appears on every standard background check.

What often determines the outcome of a heroin case isn’t just the charge itself. It’s the facts surrounding the arrest: how the stop happened, whether the search was lawful, and how the evidence was collected and handled. I’ve practiced criminal defense for more than 15 years and serve clients throughout Dallas facing these charges. Call (214) 865-7530 now to schedule your free, confidential case evaluation.

Penalties for Heroin Crimes in Texas

Under Texas Health and Safety Code §481.115, heroin penalties are determined by the weight of the entire mixture containing the substance, not by the amount of pure heroin. The tiers escalate sharply as weight increases, and a delivery or sales charge at any weight carries heavier penalties than possession at the same level.

Possession penalties under Penalty Group 1:

Less than 1 gram: State jail felony, 180 days to 2 years in a state jail facility, fine up to $10,000
1 to less than 4 grams: Third-degree felony, 2 to 10 years in prison, fine up to $10,000
4 to less than 200 grams: Second-degree felony, 2 to 20 years in prison, fine up to $10,000
200 to less than 400 grams: First-degree felony, 10 to 99 years or life, fine up to $100,000
400 grams or more: First-degree felony, 10 to 99 years or life, fine up to $100,000

Delivery and sale penalties:

Delivery or sale charges carry escalating felony penalties at every weight tier
Delivery of 400 grams or more is a first-degree felony with an enhanced minimum of 15 to 99 years or life and a fine up to $250,000

A Dallas Heroin Attorney Who Has Worked Both Sides

Before I defended clients, I prosecuted them. From 2002 to 2003, I served as an Assistant District Attorney at the Dallas County District Attorney’s Office, participating in more than one hundred trials. From 2003 to 2005, I served as Associate Municipal Judge and Magistrate in The Colony, Texas. That background gives me a direct understanding of how the Dallas County District Attorney’s Office builds a heroin case: what evidence prosecutors rely on, where they look for weaknesses in a defendant’s account, and where their own cases can have gaps.

I apply that knowledge to every defense I build. Having worked as a prosecutor, I can anticipate what the state will present and where that case may be vulnerable, whether in how evidence was gathered, stored, or tested. I’m also licensed to practice in Federal Court, Northern District of Texas, which matters for clients whose charges have been picked up at the federal level. In 2005, I was nominated as a Super Lawyers Rising Star.

Learn more about my background and approach on my attorney profile page.

Contact a Dallas drug crime lawyer from my firm today to discuss your case and begin building your defense.

Defending Against Heroin Charges in Dallas

A heroin charge is not a conviction. Texas law and the United States Constitution impose strict requirements on how police must conduct stops, searches, and seizures. When those requirements aren’t met, the evidence they produce may be inadmissible. Evaluating those facts is where a defense often begins.

Unlawful Search & Seizure

Texas Code of Criminal Procedure Article 38.23 is the state’s exclusionary rule. It requires courts to suppress evidence obtained through an unlawful stop, an overbroad search, or a constitutionally defective seizure. The federal good-faith exception doesn’t apply in the same way here. Texas’s statutory carve-out under Article 38.23 is narrow, covering only situations where an officer acted in objective good-faith reliance on a warrant issued by a neutral magistrate based on probable cause. Evidence obtained through most defective warrants or unconstitutional procedures may still be excluded even if the officer believed the search was lawful.

Many heroin cases in Dallas originate from traffic stops. A traffic violation alone isn’t probable cause to search a vehicle, and an officer can’t extend a stop beyond the time reasonably required to address the violation without independent reasonable suspicion. If the stop or search lacked a proper legal basis, the evidence recovered may not be usable against you.

Constructive Possession Disputes

To secure a conviction for drug possession, the state must prove that you knowingly or intentionally possessed the controlled substance. When heroin is found in a shared vehicle, a home with multiple occupants, or another location accessible to several people, knowledge and intent aren’t automatically assumed. Constructive possession, meaning legal control over drugs not found directly on your person, requires the state to establish more than physical proximity. Disputing that connection is a legitimate and frequently viable defense.

Chain of Custody and Laboratory Evidence

Evidence integrity matters at every stage: how the substance was collected at the scene, packaged and logged, transported to a laboratory, and tested and stored. A gap or irregularity anywhere in that chain can affect the admissibility or weight of the evidence. Laboratory testing itself can also be challenged if proper procedures weren’t followed.

Alternative Sentencing and Diversion

Not every heroin case resolves through trial. Depending on the circumstances, the defendant’s history, and the evidence involved, options such as drug treatment programs or other diversion pathways may be available. I evaluate each case individually to identify the full range of realistic options, including those that prioritize treatment over incarceration where that approach makes sense.

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At Law Office of G. Thayer Williamson, we're always ready to take your call! Give us a call at (214) 865-7530 to contact one of our team members.

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Proven Track Record of Successful Drug Crime Defense
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