Cocaine possession is a serious offense in Texas, a state known for its strict drug laws. If you’re caught with cocaine in your possession, you could be facing severe consequences that impact every aspect of your life. From jail time to hefty fines and a permanent criminal record, the penalties are not to be taken lightly. Read on to learn about the penalties for cocaine possession in Texas and how a skilled Dallas drug lawyer from Spangler Law can help you fight them. Here are some of the questions you may have:
What Are the Different Penalties for Cocaine Possession?
In Texas, cocaine possession is categorized as a felony offense. The penalties vary depending on the amount of cocaine you possess at the time of your arrest. Texas law classifies cocaine possession into different penalty groups and weight categories, each carrying its own range of consequences.
- Possession of Less Than One Gram: If you are caught with less than one gram of cocaine, you will likely be charged with a state jail felony. This carries a penalty of 180 days to 2 years in a state jail and a fine of up to $10,000. Although this is the least severe category, it is still a felony conviction that could have long-lasting effects on your life.
- Possession of One to Four Grams: Possessing between one and four grams of cocaine is classified as a third-degree felony. If convicted, you could face 2 to 10 years in prison and a fine of up to $10,000. The severity of the penalty reflects the state’s firm stance against drug possession, even in relatively small amounts.
- Possession of Four to 200 Grams: If you’re caught with a larger quantity, ranging from four to 200 grams, this is considered a second-degree felony. The penalties increase significantly, with potential imprisonment of 2 to 20 years and a fine of up to $10,000. The possession of this amount indicates a more serious intent, whether for personal use or distribution.
- Possession of 200 to 400 Grams: When the amount of cocaine in possession falls between 200 and 400 grams, it is classified as a first-degree felony. Conviction for this amount can result in 5 to 99 years or life in prison, along with a fine of up to $10,000. The severity of this penalty underscores the state’s intent to deter significant drug trafficking activities.
- Possession of More Than 400 Grams: For possession of over 400 grams, the penalties are among the most severe. This is also categorized as a first-degree felony, but with a mandatory minimum sentence of 10 years up to life imprisonment and a fine of up to $100,000. The state considers possession of such a large quantity as an indicator of high-level trafficking or distribution activities.
What Factors Can Influence the Severity of Penalties?
Several factors can influence the severity of the penalties you may face for cocaine possession in Texas. While the weight of the cocaine is a primary factor, the circumstances surrounding your arrest and your criminal history also play crucial roles.
- Criminal History: If you have a prior criminal record, especially involving drug offenses, the penalties for a new charge can be significantly enhanced. Repeat offenders often face harsher sentencing due to their past behavior and perceived risk to society.
- Presence of Aggravating Factors: The presence of aggravating factors, such as possession near a school or playground, possession with intent to distribute, or possession alongside a firearm, can lead to enhanced charges and stiffer penalties. These circumstances suggest a higher threat to public safety, prompting the courts to impose more stringent sentences.
- Cooperation with Law Enforcement: Sometimes, cooperating with law enforcement can lead to reduced charges or lighter sentencing. However, this is not guaranteed and should be approached cautiously. It’s crucial to consult with an experienced attorney before making any decisions regarding cooperation.
If you have further questions or need a lawyer who can defend you at every turn, simply contact Spangler Law today.
