Your El Paso County Criminal Defense Lawyers
If you’re facing drug possession charges in Texas, you’re likely experiencing stress and uncertainty about your future. At Benjamin Law Firm, we understand the gravity of your situation and the complex legal landscape surrounding drug offenses in our state.
Texas takes a notoriously tough stance on drug crimes, with penalties ranging from hefty fines to lengthy prison sentences, even for seemingly minor offenses. However, a drug possession charge doesn’t have to derail your life. With skilled legal representation, there may be opportunities to challenge the charges, negotiate reduced penalties, or explore alternative sentencing options.
Our experienced criminal defense attorneys have successfully represented clients across Texas in various drug possession cases. We bring a deep understanding of state and federal drug laws, proven defense strategies, and a commitment to protecting your rights at every stage of the legal process.
Types of Drug Possession Charges in Texas
Drug possession charges in Texas can vary widely depending on the substance involved and the amount in question. Here are the main categories of drug possession charges you might face:
- Possession of Marijuana: Despite changing attitudes nationwide, Texas continues to treat marijuana possession as a criminal offense in most cases. Penalties can range from a Class B misdemeanor for small amounts to felony charges for larger quantities.
- Possession of Controlled Substances: This includes substances such as cocaine, heroin, methamphetamines, LSD, and more. Possession of these substances is typically charged as a felony.
- Possession of Prescription Drugs Without a Valid Prescription: It’s illegal to possess prescription medications that weren’t prescribed to you. This includes commonly abused drugs like opioid painkillers (like OxyContin and Vicodin), benzodiazepines (like Xanax and Valium), and stimulants (like Adderall and Ritalin).
- Drug Paraphernalia Possession: While not a drug possession charge per se, it’s worth noting that possession of drug paraphernalia (such as pipes, syringes, or scales) is often charged alongside drug possession and carries its own penalties.
Each type of drug possession charge requires a tailored defense strategy. We have experience handling all these charges and can provide the skilled representation you need to navigate your case.
Texas Drug Schedules and Penalties
Texas classifies controlled substances into penalty groups, which are similar to the federal schedule system. These groups determine the severity of charges and potential penalties.
Penalty Group One: Includes opioids (heroin, oxycodone), cocaine, methamphetamine, and ketamine.
- Less than one gram: State jail felony, 180 days to two years in state jail, up to $10,000 fine
- One to four grams: third-degree felony, two-10 years in prison, up to $10,000 fine
- Four-200 grams: second-degree felony, two-20 years in prison, up to $10,000 fine
- 200-400 grams: first-degree felony, five-99 years in prison, up to $10,000 fine
- 400+ grams: Enhanced first-degree felony, 10-99 years or life in prison, up to $100,000 fine
Penalty Group Two: Includes hallucinogens like MDMA, PCP, and mescaline.
- Less than one gram: State jail felony
- One-four grams: third-degree felony
- Four-400 grams: second-degree felony
- 400+ grams: Enhanced first-degree felony
Penalty Group Three: Includes certain stimulants, depressants, and narcotics not in Groups One or Two.
- Less than 28 grams: Class A misdemeanor
- 28-200 grams: third-degree felony
- 200-400 grams: second-degree felony
- 400+ grams: Enhanced first-degree felony
Penalty Group Four: Includes certain opioid preparations and other compounds.
- Less than 28 grams: Class B misdemeanor
- 28-200 grams: third-degree felony
- 200-400 grams: second-degree felony
- 400+ grams: Enhanced first-degree felony
Marijuana is treated separately:
- Two ounces or less: Class B misdemeanor
- Two-four ounces: Class A misdemeanor
- Four ounce- five pounds: State jail felony
- Five-50 pounds: third-degree felony
- 50-2000 pounds: second-degree felony
- 2000+ lbs: Enhanced first-degree felony
Enhanced Penalties:
- Repeat offenders may face more severe charges and penalties.
- Possession in a drug-free zone (near schools, playgrounds, etc.) can increase the penalty grade.
At Benjamin Law Firm, we understand the nuances of these penalty groups and how they apply to individual cases. We’ll work to ensure you understand the charges against you and explore all options to reduce the severity of the penalties you potentially face.
Common Defense Strategies
We can employ various defense strategies tailored to your case at Benjamin Law Firm. We will strategize and leverage our experience to choose the best strategy for you, which could include:
- Illegal Search and Seizure: Challenging evidence obtained through Fourth Amendment violations.
- Lack of Knowledge: Arguing unawareness of drug presence, especially in shared spaces.
- Insufficient Evidence: Identifying weaknesses in the prosecution’s case.
- Entrapment: Demonstrating law enforcement induced the crime.
- Medical Necessity: For applicable marijuana cases.
- Challenging Drug Analysis: Requesting independent testing of alleged substances.
- Procedural Errors: Identifying missteps in arrest, evidence handling, or charging.
- Constructive Possession Issues: Disputing control over drugs in shared spaces.
- Constitutional Violations: Examining potential infringements of your rights.
We thoroughly review each case to determine the most effective strategy. Our goal is to achieve the best possible outcome, whether through charge dismissal, penalty reduction, or acquittal at trial.
How Benjamin Law Firm Can Help
When facing drug possession charges in Texas, the stakes are high, but hope is not lost. At Benjamin Law Firm, we understand the stress and uncertainty you’re experiencing. That’s why we combine extensive legal experience with a personalized approach to give you the defense you deserve. Our proven track record of successful case outcomes, in-depth knowledge of Texas drug laws and local court systems, and aggressive negotiation skills set us apart. We’re your legal representatives and partners in navigating this challenging time and working towards a better future.
Don’t let a drug possession charge define your life. Take the first step towards protecting your rights and exploring your legal options. Contact us today for a consultation. Your journey towards a positive resolution starts here.