Austin Drug Possession Lawyers

Fighting Charges of Possessing a Controlled Substance in Travis County

In Austin, Texas, you could be charged with drug possession if you are alleged to have unlawfully had a controlled substance in your actual care, custody, control, or management. In these drug crime cases, the State must prove you knowingly or intentionally possessed the substance. If it is a prescription medication, the State must show you did not have a valid prescription. Drug possession charges are serious, and depending on the amount and type of substance, you could be facing either a felony or misdemeanor. In either case, the penalties that you could be facing for criminal drug possession charges are severe and can include incarceration, hefty fines, and other sanctions.

At Smith & Vinson Law Firm, we can help. Our Austin drug possession attorneys know that more sides to the story exist than just the prosecutor's. We want to hear yours and uncover the facts of the matter.  Employing an innovative and personalized approach, we can develop an individualized and aggressive defense strategy on your behalf. Our talented team has a range of experience, with Attorney Jarrod Smith having served as a former prosecutor. We will leverage our knowledge and skills to protect your rights and can seek to help avoid incarceration or other severe penalties.

For powerful legal representation in your possession case, please call the Austin drug possession lawyers from Smith & Vinson Law Firm at (512) 359-3743 or submit an online contact form today.

Texas's Drug Penalty Groups

The level of charges and penalties you may face for drug possession are tied to the category of the drug you allegedly possessed. Texas classifies controlled substances into four main groups, with the first two groups further divided into subgroups, resulting in a total of seven categories. These Penalty Groups are distinguished by the type of drugs.

Listed from most to least severe, Texas's Penalty Groups are as follows:

• Penalty Group 1: This category contains certain opiates and opium derivatives.
• Penalty Group 1-A: This category contains lysergic acid diethylamide (LSD).
• Penalty Group 1-B: This category contains fentanyl, alpha-methyl fentanyl, and other fentanyl derivatives.
• Penalty Group 2: This category contains hallucinogenic substances.
• Penalty Group 2-A: This category contains drugs with certain components.
• Penalty Group 3: This category contains substances with a potential for abuse and a stimulant or depressant effect on the central nervous system. The group also includes substances with limited quantities of narcotics.
• Penalty Group 4: This category contains substances with limited quantities of narcotics and active medicinal ingredients that include one or more non-narcotics.

Drug Possession Charges in Texas

Possession of Controlled Substance Penalty Group 1 or 1-B

• State Jail Felony: Less than 1 gram
• Third-Degree Felony: 1 gram or more but less than 4 grams
• Second-Degree Felony: 4 grams or more but less than 200 grams
• First-Degree Felony: 200 grams or more but less than 400 grams
   

Possession of a Penalty Group 1-A Substance

• State Jail Felony: Less than 20 abuse units
• Third-Degree Felony: 20 abuse units or more but less than 80
• Second-Degree Felony: 80 units or more but less than 4,000
• First-Degree Felony: 4,000 abuse units or more but less than 8,000
   

Controlled Substance Penalty Group 2 Texas

• State Jail Felony: Less than 1 gram
• Third-Degree Felony: 1 gram or more but less than 4 grams
• Second-Degree Felony: 4 grams or more but less than 400 grams
   

Possession of a Penalty Group 2-A Substance

• Class B Misdemeanor: 2 ounces or less
• Class A Misdemeanor: 4 ounces or less but more than 2 ounces
• State Jail Felony: 5 pounds or less but more than 4 ounces
• Third-Degree Felony: 50 pounds or less but more than 5 pounds
• Second-Degree Felony: 2,000 pounds or less but more than 50 pounds
   

Possession of a Controlled Substance Penalty Group 3

• Class A Misdemeanor: Less than 28 grams
• Third-Degree Felony: 28 grams or more but less than 200 grams
• Second-Degree Felony: 200 grams or more but less than 400 grams
   

Possession of a Penalty Group 4 Substance

• Class B Misdemeanor: Less than 28 grams
• Third-Degree Felony: 28 grams or more but less than 200 grams
• Second-Degree Felony: 200 grams or more but less than 400 grams
   

Possession of Marijuana

• Class B Misdemeanor: 2 ounces or less
• Class A Misdemeanor: 4 ounces or less but more than 2 ounces
• State Jail Felony: 5 pounds or less but more than 4 ounces
• Third-Degree Felony: 50 pounds or less but more than 5 pounds
• Second-Degree Felony: 2,000 pounds or less but more than 50 pounds

Penalties for Drug Possession in Travis County & All of Texas

How much jail or prison time a person can get for possessing controlled substances depends on the facts of their case. Each level of offense has its own minimum and maximum terms of incarceration. Upon a conviction, a judge can set the sentence up to the maximum or can go lower if circumstances warrant such a decision.

The potential penalties for drug possession in Texas are as follows:

• Class B Misdemeanor: Up to 180 days in jail and/or up to $2,000 in fines
• Class A Misdemeanor: Up to 1 year in jail and/or up to $4,000 in fines
• State Jail Felony: 180 days to 2 years in state jail and/or up to $10,000 in fines
• Third-Degree Felony: 2 to 10 years in prison and/or up to $10,000 in fines
• Second-Degree Felony: 2 to 20 years in prison and/or up to $10,000 in fines
• First-Degree Felony: 5 to 99 years in prison and/or up to $10,000 in fines

In drug possession cases involving a substantial amount of a controlled substance, the maximum penalty can be life imprisonment. For instance, possessing 400 grams or more of a Penalty Group 1 or 1-B substance can be penalized by life or 10 to 99 years in prison. At Smith & Vinson Law Firm, we recognize the effects an Austin drug possession charge can have on your life. That is why we will work hard to seek the best result for you.

Exploring Alternative Sentencing Options

When facing a drug possession charge in Texas, there may be alternative sentencing options available to you. These options can provide a more favorable outcome and help you avoid the harsh consequences of a conviction.

Alternative sentencing options for drug possession charges in Texas may include:

• Drug Diversion Programs: These programs offer a chance for rehabilitation instead of incarceration. They typically involve drug treatment, counseling, and regular drug testing.
• Probation: If eligible, you may be able to serve probation instead of going to jail. Probation allows you to remain in the community under certain conditions, such as regular check-ins with a probation officer.
• Pre-Trial Diversion: This option allows you to complete certain requirements, such as community service or drug education classes, in exchange for having your charges dismissed.
• Deferred Adjudication: With deferred adjudication, you can plead guilty or no contest, but instead of a conviction, the judge defers the final decision. If you successfully complete a probationary period, the charges may be dismissed.

How to Fight a Drug Possession Charge in Austin, Texas

Fighting a Texas drug possession charge is your Constitutional right, and building a strong defense is crucial. Various defenses can be raised depending on your situation. One common defense is arguing that the evidence was obtained in violation of your Fourth Amendment rights, which protects against unlawful search and seizure. If the police conducted a search without a warrant or probable cause, any evidence they found might be inadmissible in court.

Another defense is the lack of knowledge. You can claim that you were unaware the substance in your possession was a drug or that someone else placed it in your belongings without your knowledge. Similarly, if the drugs were found in a shared space, you can assert that they were not in your control and you had no intent to possess them.

A mistake of fact can also be a valid defense, arguing the substance was misidentified as an illegal drug. Additionally, if you have a valid prescription for the substance, presenting this evidence can show that your possession was lawful. In some cases, entrapment can be argued if law enforcement induced you to commit a crime you otherwise wouldn’t have.

Call (512) 359-3743 for a Free, Confidential Consultation

If you’ve been accused of drug possession in Austin, we’ve got your back. In and out of the courtroom, we’ll aggressively defend you. From the moment you hire us, we will thoroughly investigate your case, gather evidence, interview witnesses, and analyze police reports to build a robust defense strategy. At Smith & Vinson Law Firm, we are dedicated to protecting your rights and achieving the best possible outcome for your case. We represent clients throughout Central Texas, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.

To schedule a free consultation with our Austin drug possession lawyers, contact us at (512) 359-3743.