Have you been arrested for possession of a controlled substance in Austin? If so, you may be scared and worried about how this arrest will affect your life — and your future. Understandably, there is good reason to worry. Prosecutors in Austin and throughout the state of Texas often prosecute drug cases with the full force of their authority, even for first-time offenders. They aggressively prosecute drug crimes and are quick to escalate charges whenever possible. Even minor drug charges can result in incarceration and a criminal record.
When you are arrested for a drug crime, ask yourself one important question:
Can I live with the long-term consequences if I am convicted?
Texas Drug Laws
Texas drug laws are some of the strictest in the country. Sections 481.115 through 481.118 outline the crime of possession of a controlled substance. By law, any person can be arrested and charged with possession of a controlled substance if they knowingly possess any illegal or controlled substance. The only exception is if they have a valid and legitimate medical prescription for the drug.
According to the Texas Controlled Substances Act, illegal and controlled drugs are broken into four distinct categories. Drugs are then grouped together based on their penalties. In general, individuals arrested for possession of drugs in Group I will face the harshest sentences and penalties.
- Penalty Group I Drugs
- Methamphetamine
- Codeine
- Cocaine
- Oxycodone
- Methadone
- Ketamine
- Opium
- Penalty Group II Drugs
- Ecstasy
- Amphetamine
- Methaqualone
- Penalty Group III Drugs
- Valium
- LSD
- Xanax
- Penalty Group IV Drugs
- Compounds with limited narcotics added (Tylenol with Codeine)
These are just a small sampling of the illegal or controlled substances listed in the Texas Health and Safety Code.
Long-term Penalties for Drug Crimes
If you are arrested for possession of a controlled substance, it is important to know the penalties you may face. Before you are convicted, the prosecutor must prove beyond a reasonable doubt that you knowingly possessed controlled drugs. Evidence of drugs on your person or in your vehicle is often enough evidence to seek a conviction for this crime.
However, your lawyer can still fight these charges aggressively and have the charges against you reduced or even dismissed. Some of the possible defenses your Austin criminal defense lawyer could use may include: illegal search and possession, you were under the care of a doctor/had a prescription, insufficient quantity for the charges, or lack of knowledge of the drug in your possession.
If you are convicted of possession, you can face significant penalties. The penalties for drug possession in Texas range widely depending on several factors, including:
- Type of drug
- Quantity of the drug
- Possession of paraphernalia
- Past convictions
- In a drug-free zone
While every case is different, here are some examples of penalties you could face for drug possession in Austin.
Cocaine Possession
- Possession under 1 gram
- State jail felony
- 6 months to 2 years in jail
- First-time offenders may get probation
- Possession of 1 to 4 grams
- Third-degree felony
- Up to $10,000 fines
- Between 2 and 10 years in jail
- Possession of 4 to 200 grams
- Second-degree felony
- Fines up to $10,000
- Between 2 and 10 years in jail
- Possession of 200 to 400 grams
- First-degree felony
- Fines up to $10,000
- Between 5 and 99 years in jail
Meth Possession
- Possessing under 1 gram
- Fines up to $10,000
- Up to 2 years in prison
- Felony offense
- Possessing 1 to 3.99 grams
- Third-degree felony
- $10,000 fines
- Up to 10 years in prison
- Possessing 4 to 199 grams
- Second-degree felony
- $10,000 fines
- 2 to 20 years in prison
- Possessing 200 to 399 grams
- First-degree felony
- $10,000 fines
- 5 to 99 years in prison
Marijuana Possession
- Possession of more than 4 ounces
- Felony offense
- Up to 2 years in jail
- $10,000 fines
- Possession of 5 to 50 pounds
- Felony offense
- Up to $10,000 fines
- Between 2 and 10 years in jail
Don’t Face Drug Charges Alone
Sadly, Texas residents face some of the strictest drug penalties in the nation. Possession of less than a gram of most controlled substances comes with jail time and a felony record. That is less than what is found in a small sugar packet.
Texas prosecutors do not care about your future or the long-term costs of a drug conviction. One study found that Texas sentenced more than 16,000 people to state jail for drug convictions in a year. Of those convictions, 88 percent of those individuals were convicted for possession less than a gram of controlled substance and there was no intent to sell or distribute. A skilled attorney who has carefully developed relationships with the prosecutor can go a long way to getting a prosecutor to look beyond the drugs and penalties.
Even after you serve your time in jail and pay your fines, you may find that your life is never the same. Having a criminal record can adversely affect your entire future and many individuals find it difficult to move forward in life. It can destroy your reputation in the community, make it difficult to gain employment, and significantly affect your housing and educational opportunities.
This is why you need an experienced and aggressive criminal defense lawyer on your side from the moment you are arrested. You do not have to face drug charges alone and there are ways to fight against them.
Have You Been Arrested for Drug Possession in Austin?
If you have been arrested for possession of an illegal substance, you must contact an experienced Austin drug lawyer quickly to begin defending against these serious charges. At Chambers & Associates, Attorneys at Law, we are here and ready to fight for you after an arrest. We know the severity of drug charges and the penalties you face. We use this knowledge and our experience to help you overcome these charges and put the past behind you. Call our 24-hour legal helpline at (512) 474-1404 or fill out our confidential contact form to begin exploring your legal options.