If you have been arrested for possession of a controlled substance such as cocaine. You have constitutional rights that must be respected and protected. Just because you are charged with a drug charge, does not mean you are guilty of the drug charge. You are presumed innocent and the prosecutor has the burden of proof in your case. Did the police have probable cause to stop and search? If not, the prosecutor may have serious problems proving the case. Were any search and seizure laws violated? If so, the drugs probably will not be used as evidence in the case. Was a valid laboratory analysis preformed on the alleged drugs? If not, the alleged controlled substance may not be used as evidence against you.
The Texas Legislature has created four penalty groups for the purpose of establishing criminal penalties for possession and delivery of various controlled substances. The classification of the criminal offense and punishment range for any drug charge depends on the penalty group in which the particular controlled substance is included and the amount of controlled substance at issue.
Cocaine, Heroin and Methamphetamine are common examples of Penalty Group 1 drugs. The punishment ranges for drugs charges that involve these drugs are as follows:
Possession of a Controlled Substance
- 4th Degree (State Jail) Felony if less than one gram;
- 3rd Degree Felony if one gram or more but less than four grams;
- 2nd Degree Felony if four grams or more but less than 200 grams;
- 1st Degree Felony if over 200 grams.
I am R. Todd Bennett. I am a Board Certified Criminal Lawyer in Houston, Texas. If you would like to consult with me about a cocaine possession case or some other controlled substance possession case, call me to schedule an appointment.
