Drug Distribution Attorney in El Paso
Facing Drug Distribution Charges? Trusted Legal Guidance in El Paso Starts Here
Individuals accused of drug distribution offenses in El Paso face complex legal challenges. The border’s proximity brings intense enforcement by federal agencies and local authorities, creating serious risks if convicted of distribution charges.
At Benjamin Law Firm, we help clients understand the full scope of the accusations, offering clarity and attentive support from the first consultation onward. We believe everyone deserves a thorough defense and approach each case with steady focus and respect, no matter the circumstances.
Drug distribution investigations often involve several agencies or originate from traffic stops on highways such as I-10 or encounters at border checkpoints. Our legal team stays current on tactics used in El Paso and throughout West Texas for prosecuting alleged drug distribution, using this knowledge to offer steady guidance during every stage of your case.
If you are facing felony drug charges, call a dedicated drug distribution attorney in El Paso at (915) 320-6730 or contact us online now for a free consultation and immediate strategic defense.
Understanding Drug Distribution Laws in Texas
Texas law defines "drug distribution" as the manufacture, delivery, or possession with intent to deliver a controlled substance. Unlike simple possession, where the penalty is based solely on the substance, distribution charges are graded as serious felonies based on the quantity of the drug and its classification into one of four Penalty Groups (PG).
The vast difference in sentencing between a State Jail Felony and a First-Degree Felony is determined by a few grams, demonstrating why retaining a knowledgeable drug distribution attorney in El Paso who can challenge the aggregate weight is critical.
Key Elements the Prosecution Must Prove
For the El Paso prosecutor to secure a conviction for drug distribution, we know they must prove two core sets of elements beyond a reasonable doubt.
Delivery or Intent to Deliver
Delivery is broadly defined as the actual or constructive transfer of a controlled substance to another person, and it includes merely offering to sell. In "Possession with Intent to Deliver" cases, the prosecution must rely on circumstantial evidence to prove criminal intent. We attack this circumstantial proof by challenging the presence and meaning of items like:
- Packaging: Arguing that the packaging method or quantity was for personal use, not distribution.
- Paraphernalia: Challenging the use of items like scales or baggies.
- Coded Communication: Interpreting ambiguous text messages or notes used as evidence of a sale.
Knowledge and Quantity
The defendant must have knowingly or intentionally possessed and delivered the substance, and the State must prove the substance's aggregate weight meets the threshold for the felony charge. We scrutinize the lab reports, ensuring the defense focuses on the weight of the pure substance versus the total aggregate weight (including adulterants and dilutants).
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Penalties for Drug Distribution Convictions in Texas
The sentencing guidelines for drug distribution are severe and subject to enhancements that dramatically increase prison exposure.
Direct Felony Sentences
All distribution offenses are felonies, carrying prison time:
- First-Degree Felony: 5 to 99 years, or life, in state prison.
- Second-Degree Felony: 2 to 20 years in state prison.
- State Jail Felony: 180 days to 2 years in a State Jail facility.
Enhancements That Increase Your Sentence
- Drug-Free Zones: If the offense occurred within 1,000 feet of a school, youth center, or public playground, the charge is automatically bumped up to the next higher felony degree. This significantly increases the risk of a life sentence.
- Prior Convictions (Habitual Offender): Prior felony convictions can be used to enhance the current charge, drastically increasing the minimum required prison time.
- Involvement of a Minor: Using force or threatening a child under 18 to participate in the offense results in an automatic First-Degree Felony.
Our Comprehensive Defense Strategy as Certified Criminal Law Specialists
As Certified Criminal Law Specialists, our firm utilizes a multi-layered defense methodology that few general practitioners can match, focusing on constitutional suppression and forensic analysis.
- Challenging Fourth Amendment Violations (Suppression): The most effective defense. We meticulously scrutinize the legality of the traffic stop or warrantless search that led to the discovery of the drugs. If police lacked reasonable suspicion or probable cause, we file a Motion to Suppress, which, if granted, can lead to the dismissal of the entire case.
- Attacking Aggregate Weight and Lab Reports: We challenge the State's forensic analysis. We often hire independent chemists to retest the substance, focusing on the inclusion of adulterants in the aggregate weight calculation. A successful challenge to the weight can drop the charge from a First-Degree Felony to a State Jail Felony, instantly saving years in prison.
- Challenging Constructive Possession: We argue that the client lacked knowledge or control over the drugs, especially if the substance was found in a vehicle shared with others or a common area of a residence.
Why Choose Us For Drug Distribution Defense in El Paso
Hiring a drug distribution attorney in El Paso should give you confidence that your legal team has strong credentials, practical trial experience, and a history of client-focused representation. We serve clients throughout Texas and New Mexico, defending cases at both the state and federal level with diligence and respect for every client’s rights.
- Board Certification in Criminal Law: Our founding attorney, Brock Morgan Benjamin, is Board Certified in Criminal Law—an honor achieved by only a small percentage of attorneys in Texas, underscoring commitment and advanced skills.
- Decades of Combined Experience: Our lawyers have extensive trial backgrounds, including years as a former Assistant District Attorney and appearances in both federal and state courts throughout the border region.
- Federal & State Licensing: We are licensed to practice in Texas, Arizona, and New Mexico, which allows us to manage complex cases that can cross borders and involve federal authorities.
- Bilingual Legal Services: Our firm offers Spanish language services—Hablamos español—helping clients and families communicate clearly and confidently.
- Strong Track Record: Our case portfolio includes more than 2,000 criminal matters and a success rate above 90 percent, demonstrating a legacy of devoted legal service.
- Free & Virtual Consultations: We offer options to connect with us both in-person and virtually, removing barriers so clients can get honest answers quickly.
Our clients often have questions about the specific nature of their charges or the way courts may treat their situation in the El Paso area. We clarify each step in real, accessible language, focusing on transparency and trust from the start.
Our attorneys have built long-standing relationships with court staff and maintain a reputation for diligence and clear preparation, which helps swiftly address complicated issues in local and federal courtrooms. If you choose to work with us, we stand by you through all phases, providing assurance when the stakes are high.
Take the First Step Toward Protecting Your Rights
If you or someone in your family faces a drug distribution accusation in El Paso, contact Benjamin Law Firm today to schedule a confidential conversation. Our team offers board-certified criminal law counsel, decades of courtroom experience, bilingual support, and guidance across state and federal borders—including Texas, New Mexico, and Arizona. We are available for free and virtual consultations in English or Spanish.
Connect with us at (915) 320-6730 or contact us online to get answers tailored to your unique situation and take the first step toward informed defense and strong legal protection.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Frequently Asked Questions
What counts as drug distribution in Texas?
Authorities consider any act of selling, transferring, or delivering a controlled substance as distribution. This includes cases involving prescription medications or when several people work together to move drugs for sale or exchange.
How do prosecutors decide between Texas and federal charges?
Decisions depend on drug type, quantity, criminal records, and whether the facts involve crossing state lines or federal investigations. If federal agents participate or the case involves interstate movement, federal courts may handle prosecution.
What penalties come with drug distribution convictions?
Penalties depend on the drug category, amount, prior convictions, and which court—state or federal—oversees the case. Sentences can include jail time, probation, fines, and other restrictions based on case specifics.
Will I have to appear in court for drug distribution charges?
Most cases require one or more court appearances, with specifics based on the plea arrangement, motions, and hearing schedules. El Paso’s courts may have unique procedures compared to other regions due to the border location and involvement of multiple agencies.
How does a drug distribution attorney in El Paso help in these cases?
Attorneys provide guidance by explaining all legal options, reviewing records, and helping protect individual rights. The right representation clarifies complicated procedures and helps manage the details of state and federal court systems.
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"I Owe Him My Life"
I owe my life to Mr. Benjamin… I was facing up to 20 years in prison and my case was dropped completely. Til this day, I rave to everyone I know; Brock Benjamin is one of the best lawyers in America!- Talio M. -
"Results Speak for Themselves"
Brock is a very capable and experienced attorney. I got a complete dismissal for my family violence charge. He has a respectable relationship with the courts, attributing to success for his clients.- Joshua J.
