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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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515 Pecan Blvd. McAllen,

Texas, United States 78501
Tel.  +1 956-267-9898 

What Is the Punishment for Drugging Someone in Texas?

January 10, 2025

What Is the Punishment for Drugging Someone?

Drugging someone is a severe criminal offense with severe penalties. The punishment for committing a crime depends on several factors, including the particular type of drug used, the intent with which you did what you did, and whether other crimes were committed simultaneously. Drugging someone can often lead to felony charges with prison sentences of years, fines that exceed your mortgage, and regrettably lifetime consequences including sex offender registration.


If you or someone you love is charged with accusing, or has been drugged, understanding the legal ramifications and obtaining the services of a qualified attorney is important and urgent. If you have been arrested due to sexual assault, armed robbery, or any other serious charge, the
Law Office of Rolando Cantu, located in McAllen, Texas, offers the services provided by a highly qualified criminal defense lawyer to help you out of these complex legal matters and assure that you get all your rights and future are protected.

  • Understanding the Crime of Drugging Someone in Texas
  • What Qualifies as Drugging Someone?
  • Penalties for Drugging Someone in Texas
  • Aggravated Sexual Assault (First-Degree Felony)
  • Other Felony Charges
  • Misdemeanor Charges
  • Legal Defenses Against Drugging Charges
  • Steps to Take if You Are Accused
  • Reporting an Incident of Drugging
  • Conclusion: Seek Legal Help

Understanding the Crime of Drugging Someone in Texas

Drugging someone without their consent is considered a violation of their bodily autonomy and is prosecuted as a serious crime. Such acts are typically considered acts with a malign intention, for instance, the cajoling of a sexual assault, kidnapping, or other felony. These crimes are not taken lightly and the law does not deal so lightly with them.

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Under Texas law, unless it occurs in self-defense, drugs can normally be given to another person without his or her knowledge and can typically land you in jail for aggravated sexual assault or some other felony crime. The charges are among the state’s most severe.

What Qualifies as Drugging Someone?

Drugging someone typically involves administering a substance without their knowledge or consent to impair their ability to make decisions or resist actions. Common substances used include:


  • Hypnotics or sedatives like benzodiazepines
  • Date rape drugs such as Rohypnol (roofies) or GHB
  • Other controlled substances that render a victim incapacitated


The intent behind drugging someone significantly influences the charges. For example, using drugs to facilitate a felony, such as sexual assault, escalates the severity of the crime.


Read more: Date drug penalties in Texas

Penalties for Drugging Someone in Texas

The punishment for drugging someone varies depending on the circumstances and charges brought against the offender. Here are some of the potential outcomes:

Aggravated Sexual Assault (First-Degree Felony)

If drugging someone leads to sexual assault, the perpetrator may face charges of aggravated sexual assault, which is a first-degree felony in Texas. The penalties include:


  • Prison Sentence: A minimum of 25 years to life in prison
  • Fines: Up to $10,000
  • Sex Offender Registration: Mandatory registration for life, leading to significant legal and social restrictions
  • Parole Supervision: Potential lifetime parole supervision, limiting personal freedoms even after release

Other Felony Charges

Even if no sexual assault occurs, drugging someone with the intent to commit another felony, such as kidnapping, may result in severe penalties. Depending on the specifics, these charges could range from second-degree to first-degree felonies, with punishments including:


  • Prison sentences ranging from 2 to 99 years
  • Fines up to $250,000

Misdemeanor Charges

In rare cases where drugging does not result in or intend to facilitate a felony, the offender may face misdemeanor charges. For example:


  • Class A Misdemeanor: Up to 1 year in jail and fines of up to $4,000
  • Class C Misdemeanor: Fines up to $500


However, these cases are exceptions, as most instances of drugging involve serious criminal intent.

Legal Defenses Against Drugging Charges

If you are accused of drugging someone in Texas, it is crucial to act quickly and secure legal representation. The prosecution must prove beyond a reasonable doubt that:


  • You administered the drug without consent
  • You intended to commit a crime while the victim was incapacitated


Potential defense strategies include:


  • Lack of intent to commit a felony
  • Insufficient evidence linking you to the crime
  • Evidence of voluntary drug or alcohol consumption by the alleged victim
  • Misidentification or false accusations


Your attorney may also question the reliability of witnesses or challenge the chain of custody for evidence.

Steps to Take if You Are Accused

If you are facing accusations of drugging someone:


  1. Remain Silent: Do not discuss the case with law enforcement without an attorney present.
  2. Hire a Lawyer: Contact an experienced criminal defense attorney immediately.
  3. Preserve Evidence: Gather any evidence that supports your case, such as witness accounts or surveillance footage.
  4. Avoid Public Discussions: Refrain from discussing the accusations on social media or with anyone other than your attorney.


The Law Office of Rolando Cantu provides expert legal defense for those facing criminal charges in Texas. Their skilled attorneys in McAllen have the experience needed to evaluate the evidence, build a strong defense, and advocate for your rights.

Reporting an Incident of Drugging

If you believe you have been drugged, take the following steps:


  1. Seek Medical Attention: Immediate medical care is essential to confirm the presence of drugs in your system.
  2. Report to Authorities: File a police report as soon as possible.
  3. Preserve Evidence: Avoid showering or washing clothes, as this could destroy evidence.
  4. Contact an Attorney: Work with an attorney to ensure your rights are protected during the investigation.


The prosecution of such cases can be complex, and having the right legal support is critical to achieving justice.

Conclusion: Seek Legal Help

The punishment for drugging someone in Texas is severe, reflecting the state’s uncompromising stance on such offenses. Whether you are accused of this crime or are a victim seeking justice, legal representation is key to navigating these challenging situations.


If you need expert legal assistance, reach out to The Law Office of Rolando Cantu in McAllen, Texas. Their
experienced criminal defense attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case. Contact them today to schedule a consultation and take the first step toward resolving your legal challenges.

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