Drug possession is a serious crime in Dallas County and throughout Texas, and can lead to severe felony penalties, depending on the type of substance and the amount in your possession. Texas imposes harsh consequences for those found in possession of illicit substances, including jail time, fines, and a permanent criminal record. As such, understanding how these crimes are classified and the penalties you can face if you are convicted is critical. Additionally, having quality legal representation can help you understand your rights and navigate the legal system, as Dallas County prosecutors often pursue these cases aggressively. Please continue reading to learn how a seasoned Dallas Drug Lawyer can help shield you from an uncertain future.

What Penalties Can I Expect if I’m Charged with Drug Possession in TX?

Drug possession penalties in Texas are determined by the drug’s penalty group classification and the amount in your possession at the time. Like most states, Texas has a classification system under which certain drugs fall to determine how to penalize offenders. Drugs are divided into different penalty groups that are based on the drug’s dependency potential or abuse, and upon the drug’s acceptable medical use. If you are found in possession of a drug that falls under Penalty Group 1, you can face far-reaching consequences. The penalties are based on the amount in your possession:

  • Less than one gram: This is a felony offense that carries 180 days to two years of imprisonment.
  • Between one and four grams: This is considered a third-degree felony, which carries between two and ten years of imprisonment.
  • 4 grams or more, but less than 200 grams: This is considered a second-degree felony, which carries between two and twenty years of imprisonment.
  • 200 grams or more, but less than 400 grams: This is considered a first-degree felony, which carries five to 99 years of imprisonment.
  • More than 400 grams: This is an enhanced first-degree felony, which carries ten to 99 years of imprisonment.

These penalties apply to drug possession charges throughout the state, including Dallas County and the surrounding North Texas area.

Texas Drug Possession Penalties

  • Penalties depend on:
    • Type of drug (Penalty Group classification)
    • The quantity of the substance
    • Your prior criminal history
  • Consequences may include
    • State jail felony: Between 180 days and two years
    • Third-degree felony: Between two and ten years
    • Second-degree felony: Between two and twenty years
    • First-degree felony: Between five and ninety-nine years, or life imprisonment
  • You may face additional penalties if any of the following aggravating circumstances are present in your case:
    • Drug-free zones (parks, schools, public housing)
    • Repeat-offenses
    • Fentanyl-related criminal charges

What Are the Penalty Groups in Texas for Drugs?

Texas, like most states, divides drugs into different classifications based on the risk of abuse they pose. As such, the penalty groups are as follows, in accordance with state law:

  • Penalty Group 1
    • Includes substances like cocaine, methamphetamines, and oxycodone
    • Carries the harshest penalties
  • Penalty Group 2
    • Includes hallucinogens like MDMA and PCP
  • Penalty Group 3
    • Includes prescription medications like Xanax, Ambien, and Ritalin
  • Penalty Group 4
    • Includes compounds with limited narcotic content, like compounds containing low levels of codeine or opium
    • Drugs in this penalty group carry the least severe penalties

What Should I Do if I’m Facing Drug Possession Charges?

Facing a drug possession charge can be overwhelming. However, it’s important to remember that you have rights, and knowing how to navigate the legal system can drastically impact the outcome of your case. When interacting with law enforcement, you should remain calm and comply with their requests. You should avoid making any statements without an attorney present.

Under the Fifth Amendment of the United States Constitution, you don’t have to speak with law enforcement. When you are questioned by the police, you are only obligated to provide your basic information. It’s important to invoke your right to remain silent to avoid self-incrimination. From here, you should note that you are protected from unreasonable searches and seizures. Unless the police are issued a search warrant or have probable cause, they are not permitted to search your property.

What To Do Immediately After Being Charged with Possession in Dallas

  • Remain calm
  • Comply with basic instructions given by law enforcement
  • Do not answer any questions beyond basic identifying information, like your name and date of birth
  • Clearly state that you want an attorney
  • Clearly invoke your Fifth Amendment right to remain silent
  • Do not consent to searches without a warrant
  • Do not discuss your case with anyone other than your attorney
  • Contact a criminal defense lawyer as soon as possible

What Are the Best Defenses Against Drug Possession Charges in Texas?

Nevertheless, the most important thing you can do if you are facing criminal charges for drug possession is to consult an experienced attorney. In Texas, the prosecution must prove that you knowingly and intentionally possessed a controlled substance in order to secure a conviction. As such, there are legal defenses that could apply, depending on the unique circumstances of your case.

Common Drug Possession Defenses in Texas

  • Lack of possession/knowledge:
    • The drugs did not belong to you
    • Multiple individuals had access to the location where the drugs were found
    • You were unaware that the drugs were present (such as in a borrowed vehicle)
  • Illegal search and seizure:
    • Law enforcement violated your Fourth Amendment rights by searching and seizing property without a warrant or probable cause
    • May lead to evidence suppression
  • Entrapment:
    • You were coerced by law enforcement into committing a crime you would not have otherwise committed

Contact an Experienced Dallas County Defense Attorney Today

If you have been charged with a drug crime in Texas, hiring a seasoned Dallas County criminal lawyer can make all the difference in the outcome of your case. Contact our dedicated team at Spangler Law today to learn how we can fight for you.