Fighting a Heroin Distribution Charge in Texas

 Posted on September 15, 2025 in Criminal Defense

The state of Texas strictly criminalizes the sale and delivery of controlled substances. If you are accused of trying to distribute heroin, you could face aggressive prosecution with the possibility of a long prison sentence. In cases like these, the right choice of legal representation is critical for protecting your future.

If you are looking for a qualified Fredericksburg, TX criminal law attorney to defend you against drug distribution charges, consider working with the Law Office of Russ Alan Baker, PLLC. Attorney Baker is a strong litigator with experience handling drug-related charges on his clients’ behalf, drawing on over 15 years of practice to develop tailored strategies for every case.

What Penalty Group Does Heroin Fall Under?

In Texas, judges categorize drugs by "penalty groups" to determine the seriousness of a given drug charge. The least serious offenses involve drugs from Penalty Group 4, which consist of substances with the potential for abuse like prescription medications and cough syrups. By contrast, Penalty Group 1 includes hard drugs, like cocaine, meth, and heroin. You will face much harsher penalties for distributing drugs in Penalty Group 1 than Penalty Group 4, even in smaller quantities.

Distributing less than a gram of heroin is a state jail felony, which is punishable by up to two years in jail, with a minimum sentence of six months. Anything more than four grams is punishable as a first-degree felony, which carries up to 99 years in prison (Texas Health and Safety Code Sec. 481.112).

Evidence in Heroin Distribution Charges

Possession of heroin is prosecuted less strictly than distribution of heroin. However, if you are suspected of carrying heroin with the intent to deliver it, you will face the same penalties as you would for distributing it.

To prove that you distributed or intended to distribute heroin, the prosecution might look for evidence of some kind of transaction or agreement. For example, if you arranged to meet with somebody over text while carrying heroin, the prosecution might assume that you meant to sell it. Even if there was no deal or transaction that took place, large quantities of heroin might result in distribution charges.

Do I Need a Defense Lawyer for a Heroin Charge?

If you have been accused of a crime involving heroin, especially distribution, seeking legal representation is in your best interests. Taking a public defender is better than representing yourself, but these lawyers are burdened with dozens of cases at a time. Attorney Russ Alan Baker can provide you with a personalized defense strategy tailored to your needs.

When you work with our firm, we will seek the best possible outcome of reduced or dismissed charges. We may be able to argue that:

• There is not enough evidence to suggest that you intended to distribute the heroin in your possession

• There is no solid link that establishes that the heroin was yours

• The evidence against you was obtained in an illegal search

This is not an exhaustive list of possible defense strategies. We will review the circumstances behind your arrest to make sure nothing is overlooked in your case.

Contact a Marble Falls, TX Drug Crime Defense Lawyer

If you have been accused of selling, delivering, or possessing heroin with the intent to deliver, our firm can help. To schedule an initial consultation with our Fredericksburg, TX criminal defense attorney, call the Law Office of Russ Alan Baker, PLLC at 325-216-2006 today.