Texas, like many southern states, takes drug offenses very seriously. As such, if you are facing charges, it’s imperative to understand what potential defenses you may be able to utilize. The following blog explores these matters and the importance of working with an experienced Houston drug crimes defense attorney to help you discuss your legal options and help you fight for the best possible outcome for your unique circumstances when you’re facing drug possession charges.
What Are the Penalties for Texas Drug Possession Charges?
If you are charged with drug possession in Texas, it’s important to familiarize yourself with the potential penalties you can face. Generally, the charges against you will depend on the type of drug in your possession, as well as how much is on your person. This is because the Texas Controlled Substances Act classifies illicit drugs into six different “Penalty Groups.”
For example, if you are charged under Penalty Group 1, which typically represents the most serious substances with the highest potential for abuse and no accepted medical use, you can face harsh penalties. Substances in this group include methamphetamine, oxycodone, and cocaine. As such, if you are found with less than a gram, you can face a state jail felony, while less than four grams is a second-degree felony. More than four grams but less than two hundred is a first-degree felony, while anything over 200 grams has the potential for a life sentence.
The penalties you can face for possession will decrease as the Penalty Groups go on. For example, you are found with 28 grams of Xanax, which is a Penalty Group 3 substance; this warrants a state jail felony, which differs drastically compared to Penalty Group 1.
What Defenses Might I Be Able to Use?
Though it may not seem possible, there are several defenses you may be able to utilize when facing drug possession charges in Texas.
One of the most common claims is that the drugs found are not yours, and they actually belong to someone else. Unfortunately, this defense can be hard to use, as the police do not need to find drugs directly on your person for you to face charges. All that must be shown is that you had control of or access to the drugs through something known as constructive possession. However, you may be able to cast reasonable doubt on the fact that you knew about the presence of the drug. For example, if you are in a car with your friend, they may have drugs in the center console of the vehicle. However, you may be able to show that you didn’t know the substance was present in the car when you got in.
You may also be able to prove that your Constitutional rights were violated by law enforcement, which can help your case. If you are the victim of an unreasonable search and seizure, for example, your attorney can fight to have the evidence gathered dismissed, as it violated your rights.
Regardless of your circumstances, it is imperative to contact an experienced criminal defense attorney if you are charged with a drug possession offense in Texas. The team at the Gonzalez Law Group understands the implications a drug offense can have on your life, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.