Drug Possession Defense

Texas Drug Possession Charge Defense

Although drug-related offenses may seem simple,drug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas, drug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas they are often complex and they can have serious implications on your future career, education, and personal life. If you have been charged with a possessing illegal drugs you should seek advice from a qualified attorney to discuss the particular facts of your case. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Legal Definition of Possession

Texas law defines possession as actual care, custody, control or management. Brittany Carroll Lacayo may be able to show that you were not in possession of the drugs. If the drugs were found nearby or not on your person, an argument could be made that you did not have possession of them.

Penalty Groups

Texas divides controlled substances into five penalty groups, and then has category for marijuana.

Penalty Group

Examples

1

Methamphetamine, Cocaine, Morphine, Codeine, Opium, GHB, Heroin, Hydrocodone, and Oxycodone

1A

LSD

2

PCP, Ecstasy and mescaline

3

Xanax, Valium, and Ritalin

4

Compounds which contain Motofen, Pryovalerone, Buprenorphine, or Dionine.

The penalty group and the weight or amount of the drug will determine whether you are charged with felony or misdemeanor possession.

Punishment for Drug Possession

PENALTY GROUP 1

Weight

Classification

Punishment

< 1 gram

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

1 – less than 4 grams

Third-Degree Felony

Sentence: 2-10 years in prison
Fine: Up to $10,000

4 – less than 200 grams

Second Degree-Felony

Sentence: 2-20 years in prison
Fine: Up to $10,000

200 – 400 grams

First-Degree Felony

Sentence: 5-99 years in prison
Fine: Up to $10,000

400 + grams

Enhanced First-Degree Felony

Sentence: 10-99 years in prison
Fine:
Up to $100,000
PENALTY GROUP 1A

Weight

Classification

Punishment

< 20 units

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

20 – less than 80 units

Third-Degree Felony

Sentence: 2 – 10 years in prison
Fine: Up to $10,000

80 – less than 4,000 units

Second-Degree Felony

Sentence: 2 – 20 years in prison
Fine:
Up to $10,000

4,000 – less than 8,000 units

First-Degree Felony

Sentence: 5 – 99 years in prison
Fine:
Up to $10,000

8,000 + units

Enhanced First-Degree Felony

Sentence: 15 – 99 years in prison
Fine:
Up to $250,000
PENALTY GROUP 2

Weight

Classification

Punishment

< 1 gram

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine:
Up to $10,000

1 – less than 4 grams

Third-Degree Felony

Sentence: 2 – 10 years in prison
Fine: Up to $10,000

4 – less than 400 grams

Second-Degree Felony

Sentence: 2 – 20 years in prison
Fine:
Up to $10,000

400 + grams

Enhanced First-Degree Felony

Sentence: 5 – 99 years in prison
Fine:
Up to $50,000
PENALTY GROUP 3

Weight

Classification Punishment

< 28 grams

Class A Misdemeanor

Sentence: Up to 1 year in county jail
Fine: Up to $4,000

28 – less than 200 grams

Third-Degree Felony

Sentence: 2 – 10 years in prison
Fine:
Up to $10,000

200 – less than400 grams

Second-Degree Felony

Sentence: 2 – 20 years in prison
Fine: Up to $10,000

400 + grams

Enhanced First-Degree Felony

Sentence: 5 – 99 years in prison
Fine:
Up to $50,000
PENALTY GROUP 4

Weight

Classification

Punishment

< 28 grams

Class B Misdemeanor

Sentence: Up to 180 days in county jail
Fine:
Up to $2,000

28 – less than 200 grams

Third-Degree Felony

Sentence: 2 –10 years in prison
Fine:
Up to $10,000

200 – less than400 grams

Second-Degree Felony

Sentence: 2 –20 years in prison
Fine:
Up to $10,000

400 + grams

Enhanced First-Degree Felony

Sentence: 5 – 99 years in prison
Fine: Up to $50,000

Punishment for Possession of Marijuana

PUNISHMENT

Weight

Classification

Punishment

< 2 ounces

Class B Misdemeanor

Sentence: Up to 180 days in county jail
Fine:
Up to $2,000

2 – less than 4 ounces

Class A Misdemeanor

Sentence: Up to 1 year in county jai
l
Fine: Up to $4,000

4 ounces –less than 5 pounds

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine:
Up to $10,000

5 – less than 50 pounds

Third-Degree Felony

Sentence: 2 – 10 years in state prison
Fine: Up to $10,000

50 – less than 2,000 pounds

Second-Degree Felony

Sentence: 2 – 20 years in state prison
Fine: Up to $10,000

2,000 + pounds

Enhanced-First Degree Felony

Sentence: 5-99 years in state prison
Fine: Up to $50,000

 

LICENSE SUSPENSION

In Texas, your license will be suspended for up to 6 months following a drug conviction.

FIGHTING DRUG POSSESSION CHARGES

Brittany Carroll Lacayo will look for problems with the prosecutions case.drug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas, drug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas She will look to see if the drugs should be suppressed because the police violated your rights. She will evaluate whether the search and seizure was lawful, whether you were lawfully detained, whether law enforcement followed the proper procedures, and whether the State has enough evidence to prove the case beyond a reasonable doubt. Brittany Carroll Lacayo will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

POSSESSION OF DRUG PARAPHERNALIA

Under the Texas Controlled Substances Act, Drug Paraphernalia includes any item that can used as a drug processing, packaging, or consumption mechanism. Most drug paraphernalia charges are based on possession of a pipe or a bong. Brittany Carroll Lacayo handles possession of drug paraphernalia cases throughout the greater Houston area. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

PUNISHMENTS FOR DRUG PARAPHERNALIA IN TEXAS

Simple possession of drug paraphernaliadrug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas, drug possession charge defense Houston Texas, drug possession charge defense attorney Houston Texas, drug possession charge defense lawyer Houston Texas is a Class C Misdemeanor, punishable by a fine up to $500. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, punishable by up to a year in jail and up to a $4,000 fine. If the buyer was a minor, a least 3 years younger than the seller, then the sale is a state jail felony and the punishment is 180 days to 2 years in state jail and a $10,000 fine.

 


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.


212 Stratford St. Houston, Texas 77006 | Phone: 713-504-0506 | Fax: 832-442-5033