Drug possession charges in Texas are a serious matter. If you are facing such charges, it’s important to understand that a conviction can have lifelong consequences. Therefore, it’s crucial to retain an experienced Dallas Drug Lawyer who can help you understand potential defenses that may be available, given the unique circumstances of your case.
What Are the Penalties for Drug Possession Charges in Texas?
If you are facing drug possession charges, familiarity with the potential penalties is crucial. Generally, the charges are contingent upon both the type and quantity of the controlled substance in one’s possession. This is due to the classification of illicit drugs into six distinct “Penalty Groups” under the Texas Controlled Substances Act.
For instance, charges under Penalty Group 1, which typically encompasses the most severe substances with the highest potential for abuse and no accepted medical use, can lead to stringent penalties. Substances within this group include methamphetamine, oxycodone, and cocaine. Consequently, possession of less than one gram may result in a state jail felony, while less than four grams constitutes a second-degree felony. It should be noted that possessions exceeding four grams but less than two hundred grams are a first-degree felony, and quantities over two hundred grams carry the penalty of life behind bars.
The severity of the offense diminishes with subsequent Penalty Groups. For example, possession of 28 grams of Xanax, a Penalty Group 3 substance, warrants a state jail felony, a significantly less severe consequence compared to offenses under Penalty Group 1. Additionally, penalties are increased for those in drug-free zones or with prior convictions. There are also enhanced penalties for fentanyl.
What Are the Best Defenses Against Drug Possession Charges?
Several defenses may be utilized when facing drug possession charges in Texas. The prosecution has to prove that a defendant knowingly and intentionally exercised control over the illicit drug. As such, one of the most common defenses that can be raised is that the illicit drugs are not yours, and they belong to someone else. This may be applicable if there are multiple people present when the drugs are discovered.
In addition, if you were unaware that the drugs were present, you may raise a lack of knowledge as a defense. For instance, if you borrowed a friend’s vehicle and drugs were found in a compartment you could not access, your attorney might be able to argue you did not know that drugs were in your vicinity.
Another common defense is to challenge how law enforcement obtained evidence. If you believe your constitutional rights were violated through an illegal search and seizure, your attorney can file a motion to suppress evidence, rendering any illegally obtained evidence inadmissible in court. If law enforcement induced or coerced you into committing an offense you otherwise would not have committed, entrapment may be a valid defense.
For more information, please don’t hesitate to contact a skilled attorney at Spangler Law.
