Smart, Strategic Defense Against Drug Possession Charges
Possession of a controlled substance is one of the more common drug-related accusations in Texas, and drug statutes provide harsh penalties for anyone convicted. If you’ve been accused, then the time to seek legal counsel is now.
Our attorney, Peter Barrett, is a proven and insightful Dallas criminal lawyer with more than 25 years of experience. Over that time, he has helped thousands of clients have their voices heard before the law in a wide range of criminal matters, including those involving drug crimes.
Important Drug Possession Factors
Like in many other states, the drug possession laws in Texas are complex and the severity of the charge depends on numerous factors. These include the kind of substance involved, the quantity discovered and the criminal history of the accused. The type of possession cited at the time of the arrest is also important.
The two major types of possession include:
- Actual possession. This is the easiest kind of possession for the state to prosecute. It involves finding controlled substances on the person of the accused. That means in their hand, in their pocket, in a backpack that they are wearing, etc.
- Constructive possession. Constructive possession is more difficult for prosecutors to substantiate. This kind of possession means that the drugs were found in a place where it can be reasonably assumed that they were under the control of the accused. So, for example, drugs that are found in the glove compartment of the accused’s car, or in their refrigerator, would be considered under constructive possession and can result in a charge.
Attorney Peter Barrett knows how to fully investigate these cases and secure the best possible outcome on behalf of our clients.
What Is A Felony Drug Charge In Texas?
A felony drug charge in Texas is dependent on what type of drug it is and which penalty group it is under. There are penalty groups 1, 1-A, 2, 2-A, 3 and 4. Drugs under penalty group 1 carry the most severe punishment and group 4 carries the least.
Penalty Group 1
Drugs under this category are the most regulated. Examples of drugs in this category are codeine, opium, hydrocodone, ketamine. You will always be charged a felony for possession of these drugs, for a small amount you will be sentenced between 180 days to two years in state jail and a fine of up to $10,000. For a large amount, you will be sentenced with 15 to 99 years in jail.
Penalty Group 1A
Just for LSD and other derivatives of it. You will always be charged with a felony for possession of it. For small amounts, you will be sentenced to 180 days to two years in jail. For a large amount, you will be charged with 15 to 99 years in jail and a fine of up to $250,000.
Penalty Group 2
The drugs under this category are mainly hallucinogens. Carrying less than a gram can lead to a sentence of 180 days to two years in jail. If you’re in possession of more than 400 grams, you can face jail time of five to 99 years in jail.
Penalty Group 2A
Are artificial compounds that are similar to cannabis. They are known as K2 or spice. Drugs under this category are only considered to be a misdemeanor. If you are in possession of less than a gram, you will be charged with a class B misdemeanor. Between 1 to 4 grams, you will be charged with a class A misdemeanor, and anything above 4 grams is considered to be a felony.
Penalty Group 3
Opioids and opiates not in group 1 are part of this group. Examples include methylphenidate, anabolic steroids, etc. If you are in possession of a small amount, you can be charged with a misdemeanor, a possession of 28 grams and more will be a felony.
Penalty Group 4
Drugs under this category are prescription drugs and the chemicals that go under those. If you’re in possession of under 28 grams, it will be treated as a class B misdemeanor, possession of more than 28 grams will be a felony.
If you have less than one-fourth of an ounce, you’ll be charged with a Class B misdemeanor, if you use it to pay for anything, it will be a class A misdemeanor. Anything above one-fourth of an ounce, you will be charged with a felony. If you are in possession of more than a ton, you will be charged from 10 to 99 years in jail.
Learn About Your Rights And Legal Options By Speaking To An Attorney
At Peter Barrett: Dallas Criminal Defense Attorney, we serve clients throughout the Dallas-Fort Worth area and throughout Texas. If you’ve been arrested or charged with drug possession, contact us as soon as possible to learn how our attorney can help. Call 214-526-0555 or send us an email.