Facing any kind of criminal offense can be nerve-wracking, but when you’re facing a felony offense, understanding your legal options is more important than ever. If you’ve been charged with possession of a controlled substance in Texas, understanding the penalties you can face for this offense is critical. The following blog explores what you should know about these matters and why working with a Houston drug crimes defense attorney is in your best interest to fight for the best possible outcome during these difficult times.
What Is a Controlled Substance and What Constitutes Possession?
A controlled substance refers to a chemical or drug that is regulated by the government. The government must regulate these drugs due to their risk and high potential for abuse. As such, if you are found in possession of a controlled substance without a valid prescription, it is a crime in Texas.
While most associate prescription medications with controlled substances, under Texas Law, a controlled substance includes anything found in any of the drug schedules. These schedules vary based on the risk level of each substance, with Schedule I being the most dangerous and including substances like LSD, cocaine, and heroin. Schedule V is the least dangerous, as they have the lowest risk of abuse and contains drugs like cough syrup and nerve medications.
In Texas, possession typically refers to knowingly having the substance in your actual control. For example, if you are found with cocaine on your person, it constitutes possession. Similarly, you can be charged for constructive possession of a substance, which is a non-physical possession charge. This could be the case if you drive a vehicle where a controlled substance is stored in the center console. Even though you may not own the drugs, if you knew they were there, you could be charged.
What Penalties Can I Face if Convicted?
Facing a possession charge in Texas is not something that should be taken lightly, as you can incur serious penalties as a result. The penalties you face will heavily depend on the type of drug and the amount in your possession at the time of the arrest. However, you will almost always face a felony offense for these charges. The lowest charge you can face is a state jail felony, which carries between 180 days and two years in jail, and the highest penalty you can face is an enhanced felony 1, which can land you in jail for a minimum of fifteen years with the possibility of life. For example, if you are found with four grams of a Penalty Group 1 substance, you can face second-degree felony carrying between two and twenty years in a state prison. In addition, you can face fines of up to $10,000.
The penalties for possession of a controlled substance in Texas can be incredibly harsh, so it’s in your best interest to connect with an experienced criminal defense attorney from the Gonzalez Law Group. Our dedicated team will examine your circumstances to determine the best course of action to help you in the fight for the best possible outcome. When you’re in legal trouble, do not hesitate to reach out to our firm to learn more about how we can fight for you.
