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What is Criminal Possession of a Controlled Substance?

Under Texas law, criminal possession of a controlled substance is the knowing or intentional possession of a controlled substance without a valid prescription. Controlled substances are classified into penalty groups, with Penalty Group 1 being the most serious and Penalty Group 4 being the least serious. The penalties for possession of a controlled substance vary depending on the penalty group of the substance and the amount possessed.

Penalties for Criminal Possession of a Controlled Substance

The penalties for criminal possession of a controlled substance vary quite a bit, based on which substance is alleged and how much it weighs. The penalties in Texas are as follows:

  • Class A misdemeanor: Up to 1 year in jail and/or a fine of up to $4,000.
  • State jail felony: 180 days to 2 years in state jail and/or a fine of up to $10,000.
  • 3rd-degree felony: 2 to 10 years in prison and/or a fine of up to $10,000.
  • 2nd-degree felony: 2 to 20 years in prison and/or a fine of up to $10,000.
  • 1st-degree felony: 5 to 99 years, or life, in prison and/or a fine of up to $10,000.

Defenses to Criminal Possession of a Controlled Substance

There are a number of defenses that can be raised to a charge of criminal possession of a controlled substance. Some of these defenses include:

  • Lack of knowledge: The defendant did not know that the substance was a controlled substance.
  • Inadvertent possession: The defendant did not intend to possess the substance.
  • Authorization: The defendant was authorized to possess the substance by a valid prescription or other authorization.
  • Entrapment: The defendant was entrapped by law enforcement into possessing the substance.

If You Have Been Charged with Criminal Possession of a Controlled Substance

If you have been charged with criminal possession of a controlled substance, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court.

Finding a Criminal Defense Attorney in Texas

Choosing the right Criminal Defense Attorney is important since a conviction can result in fines, prison time, and loss of future employment. 

When you retain the services of Spangler Law, you can be confident we will do all we can to defend your rights in court and assist you throughout every step of the process. 

When you need a trustworthy criminal defense attorney in the Dallas, Texas area, look no further than Spangler Law.