What Are the Penalties for Drug Possession in Texas?
In Texas, the penalties for drug possession vary depending on the type and amount of the controlled substance involved. The state categorizes drugs into penalty groups, with Group 1 substances being considered the most serious and Group 4 substances considered the least serious.
Here is a general overview of the penalties for drug possession in Texas:
Group 1
- Possession of less than one gram is a state jail felony punishable by up to 2 years in state jail.
- Possession of one gram or more but less than four grams is a third-degree felony carrying a punishment of 2 to 10 years in prison, along with a fine of up to $10,000.
Group 2
- Possession of less than one gram is a state jail felony, similar to Group 1 substances.
- Possession of one gram or more but less than four grams is a third-degree felony with the same penalties as Group 1 substances.
Group 3
- Possession of less than 28 grams is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
- Possession of 28 grams or more but less than 200 grams is a second-degree felony carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000.
Group 4
- Possession of less than 28 grams is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.
- Possession of 28 grams or more but less than 200 grams is a second-degree felony, similar to Group 3 substances.
Drug Possession Penalty Enhancements
It's important to note that these penalties can be enhanced based on factors such as
- Prior convictions
- Proximity to certain locations (e.g., schools or playgrounds)
- Intent to distribute
Additionally, certain drug possession offenses may have mandatory minimum sentences.
It's crucial to consult with an experienced drug possession defense attorney who can evaluate the specific circumstances of your case, provide personalized advice, and work towards minimizing the potential penalties you may face for drug possession in Texas.
Possession of Marijuana in Texas
Marijuana possession is penalized based on the amount that a defendant allegedly possesses:
- Less than two ounces: Class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000.
- More than two ounces but four ounces or less: Class A misdemeanor punishable by up to 1 year in jail and a $4,000 fine.
- More than four ounces but five pounds or less: State jail felony punishable by 180 days to 2 years in jail and up to a $10,000 fine.
- More than five pounds but 50 pounds or less: Third-degree felony punishable by 2-10 years in prison and a $10,000 fine.
- More than 50 pounds but 2,000 pounds or less: Second-degree felony punishable by 2-20 years in prison and up to a $10,000 fine.
- More than two thousand pounds: Enhanced 1st-degree felony, with a life sentence or a term of 5 to 99 years and a fine of up to $50,000.
Understanding Your Rights in a Drug Possession Case
When facing drug possession charges in Texas, it is crucial to understand your rights and the legal process. At Cofer & Connelly, PLLC, our Austin drug possession lawyers are here to guide you through every step of your case and ensure that your rights are protected.
Here are some key points to know about your rights in a drug possession case:
- Presumption of innocence: You are innocent until proven guilty, and the burden of proof lies with the prosecution.
- Right to remain silent: You have the right to remain silent and not incriminate yourself. Anything you say can be used against you in court.
- Right to legal representation: You have the right to an attorney. It is important to have a skilled drug possession defense lawyer by your side to advocate for your rights and build a strong defense strategy.
- Search and seizure protections: The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement violated your rights during a search or arrest, evidence obtained may be suppressed.
- Due process: You have the right to a fair and impartial trial. This includes the right to confront witnesses, present evidence, and challenge the prosecution's case against you.
By understanding your rights, you can make informed decisions about your defense and work towards the best possible outcome in your drug possession case.
How We Can Help Protect Your Rights and Future
Being charged with drug possession in Texas can have serious consequences, including fines, probation, and even jail time. It is crucial to have skilled and knowledgeable attorneys on your side who can provide aggressive defense and protect your rights throughout the legal process.
At Cofer & Connelly, PLLC, our Austin drug possession attorneys have extensive experience representing clients facing drug possession charges. We understand the complexities of Texas drug laws and will work tirelessly to build a strong defense strategy tailored to your specific case.
When you choose us as your legal representation, you can expect:
- Thorough investigation: Our attorneys will conduct a detailed investigation to gather evidence, interview witnesses, and uncover any weaknesses in the prosecution's case.
- Strategic defense: We will develop a strategic defense strategy based on the unique circumstances of your case, aiming to minimize the charges or have them dismissed altogether.
- Negotiation skills: Our lawyers are skilled negotiators and will aggressively advocate for your best interests during plea negotiations with the prosecution.
- Courtroom experience: We have extensive experience representing clients in court and are prepared to vigorously defend your rights in front of a judge and jury if necessary.
- Personalized attention: We understand that every case is unique, and we will provide you with personalized attention and support throughout the legal process.
Don't face drug possession charges alone. Contact our drug possession attorneys today to discuss your defense options and protect your future.
Frequently Asked Questions About Drug Possession Charges
What Does "Knowingly Or Intentionally Possessing" Mean In Texas?
"Knowingly or intentionally possessing" a controlled substance implies that the individual was aware of their possession of a controlled substance and that this possession was not accidental. For a conviction, the prosecution must prove that the person had conscious possession, control, or custody of the substance and was aware of its nature.
How Are Controlled Substances Categorized In Texas?
Texas law divides controlled substances into different penalty groups based on factors like potential for abuse and accepted medical use. Each group contains a list of specific drugs and their corresponding penalties for possession vary according to the group and amount possessed.
Can Prescription Medication Lead To A Drug Possession Charge?
Prescribed medication can lead to a drug possession charge if the individual possessing the medication does not have a valid prescription for it. Having a valid prescription can be a viable defense to possession charges in some cases.
What Is The Emergency Medical Assistance Defense?
This defense applies to individuals who seek emergency medical assistance for a drug overdose, either for themselves or another person. Under certain conditions, this effort can serve as a defense against possession charges, as long as an exception to the state law on this subject doesn’t apply to their circumstances.
Will The Amount Of A Controlled Substance Found Affect Someone’s Charges?
Yes, the amount of a controlled substance plays a critical role in determining the severity of the charges that a defendant faces. Different weight thresholds lead to different levels of charges, ranging from misdemeanors to felonies.
What If The Drugs Were Planted Or I Didn't Know They Were In My Possession?
Lack of knowledge about the presence of the drug can be a defense. If you can prove that you were unaware of the controlled substance being in your possession, or if drugs were planted without your knowledge, this could potentially lead to a dismissal of the charges against you.
Can Evidence Obtained Illegally Be Used Against Me?
Evidence obtained in violation of your constitutional rights, such as through an illegal search and seizure, may be deemed inadmissible in court. This could significantly impact the strength of the prosecution's case against you.
Related Drug Offenses
There are specific statutes in Texas law which relate to various drug offenses that are distinguishable from possession. Sometimes, those accused of possession are accused of additional, related infractions. Sometimes, the weight of a drug may turn what seems to be a simple possession charge into one of the following – potentially much more significant – offenses:
- Manufacture Or Delivery Of Controlled Substances
- Drug Trafficking And Distribution
- Drug Paraphernalia Offenses
- Possession With Intent To Distribute
- Prescription Fraud
- Driving Under The Influence Of Drugs
- Money Laundering
- Drug Conspiracy
Also, it is possible to face enhanced penalties for drug offenses committed in drug-free zones, which include areas like schools and youth centers.
Begin Discussing Your Defense Options with Our Austin Drug Possession Defense Lawyers Now
Our Austin drug possession attorneys at Cofer & Connelly, PLLC are highly skilled in defending clients facing drug possession charges in Texas. With our extensive knowledge of state drug laws and a strong track record of success, we provide dedicated and strategic legal representation to protect the rights and interests of our clients.
Reach out to the experienced and effective Austin drug possession defense attorneys at Cofer & Connelly, PLLC online or by calling (512) 991-0576.
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