How many grams of drugs you could be accused of possessing before facing felony charges in Texas depends greatly on the type of drug involved. Texas law categorizes drugs by penalty group, and each group has its own criteria for the type of charge, amount, and possible sentence.
If you were arrested on a Texas drug charge, you want to work with a Houston drug possession lawyer from our firm.
Understanding How Texas Drug Laws Work
Texas law deals with drug possession, distribution, and related crimes under the Texas Controlled Substances Act. This act breaks drugs down into different categories known as penalty groups. The charges you could face if arrested for drug possession depend greatly on the type of drug and how much law enforcement officials claim you had.
Depending on the drug and the amount, you could face a misdemeanor, state jail felony, or any degree of felony charge. This includes third-degree felony charges up to enhanced first-degree felonies.
For some controlled substances, possessing any amount could bring felony charges. This includes cocaine, heroin, methamphetamines, LSD, ecstasy, and PCP. Other common controlled substances require a certain weight to bring felony charges. This includes:
- Greater Than Four Ounces: Marijuana, synthetic marijuana (also known as K2 and Spice)
- Greater Than 28 Grams: Prescription opioids (without a valid prescription), Ritalin, anabolic steroids, and other prescription medications with a potential for abuse
What Are the Potential Penalties for Felony Drug Possession in Texas?
If convicted of felony drug possession in Texas, you could face serious penalties depending on the:
- Type of drug in question
- The amount of the drug
- The severity of the charges faced
- Criminal history of similar offenses
- Other aggravating or mitigating factors
In general, many people facing misdemeanor charges will likely receive community supervision. However, each sentence depends on the judge, case facts, and the defense strategy. Sentences could include:
- Class B Misdemeanor: Up to 180 days in a county jail
- Class A Misdemeanor: Up to one year in jail
- A State Jail Felony: Up to 2 years in a state jail
- A Third-Degree Felony: 2-10 years in state prison
- A Second-Degree Felony: 2-20 years in state prison
- A First-Degree Felony: 5-99 years in state prison
- An Enhanced First-Degree Felony: 10-99 years in state prison
However, you may be able to avoid these penalties with a strong defense.
Work With an Attorney to Develop a Defense for Your Texas Drug Charge
You can explore your possible defense strategies when you hire a Houston possession of a controlled substance lawyer to manage your case. Our team can help you explore your options and fight for the best possible outcome in your case.
Some of the possible ways your attorney might approach—and win—your drug charges case include:
- Clearing Your Name: With quick action and strong evidence of your innocence, it may be possible to prevent the charges from being filed.
- Reducing the Charges or Penalties: Sometimes, an attorney can argue or negotiate for a misdemeanor charge or community supervision instead of time behind bars.
- Diversion Program Participation: Depending on your location, many Texas jurisdictions offer pre-trial diversion programs for those facing drug charges or other non-violent offenses. These are often only available for those with no previous criminal record.
- Fighting for Justice at Trial: When necessary, your attorney will take your case to trial and ask the jury to rule in your favor. They will represent you, question witnesses, and present evidence to show why you should not be found guilty of the offense.
The defense strategy used in your case will depend on the circumstances that led to your arrest, the way law enforcement managed the case, and other key details. Your attorney will be your best resource throughout this process. We will develop a strategy and employ it to help you navigate this process and come out the other side free to return to your everyday life.
How Soon Do I Need to Call a Texas Drug Possession Defense Attorney?
Call as soon as you learn of the possible charges or after your arrest. A criminal defense attorney from our firm can represent misdemeanor or felony cases. We will work to keep your record clear and protect your future and freedom.
Your lawyer will begin learning about your case and developing an effective, convincing defense as soon as you call us. If we know about your case before your arraignment, it might be possible to never face charges at all. If we can show the drugs belonged to someone else, were found after an unjustified traffic stop, or the substance wasn’t a controlled substance, we may be able to clear your name.
Your attorney can be more effective if we know about your case early and can be there during your initial court appearances. We could even help you get reduced bail or released on a personal recognizance bond. Then, we will begin our own investigation into your arrest and the allegations against you. We will use our experience, skills, and resources to work for a better outcome in your case.
Discuss Your Texas Drug Possession Case With Our Team Today
Lawyer Jay Blass Cohen is a certified ACS-CHAL Forensic Lawyer-Scientist. He also has certification in forensic chromatography for alcohol and drugs. He understands how law enforcement should handle these cases and the evidence prosecutors must have to win their case and convict the accused of a drug charge.
If you face allegations of drug possession in Texas, our team is here for you. We provide confidential consultations and will fight for your freedom and your future.
Contact us now to learn more about your legal options and next steps.