Hire an Experienced Houston Drug Charge Defense Lawyer
Drug charges come in different forms. Possession, possession with intent to deliver, delivery and manufacturing are the different allegations that prosecutors may make when prosecuting drug offenses in Houston and other Texas state courts. These terms are very important and have a special meaning and impact in your case.
I'm R. Todd Bennett, a Houston criminal defense lawyer. If you face drug charges in Texas, I offer a free initial consultation to discuss your case. I represent people charged in many different kinds of drug cases. These include:
- Marijuana
- Cocaine
- LSD
- Methamphetamine
- Xanax
- Ecstasy
What is Possession?
If the police find drugs in a car or find drugs in a house, it is common for the police to arrest everybody in the car or everybody in the house. Whoever has a heartbeat in usually going to jail. However, merely being in the presence of drugs or being in a vehicle where drugs were found is not enough to sustain a conviction in a drug possession case in Texas. In order to gain a conviction in the case, the prosecutor must be able to prove beyond a reasonable doubt that the individual defendant was in actual possession of the drugs.
So what is possession? Section 1.07 of the Texas Penal Code defines possession as actual care custody and control. Section 481.002 of the Texas Health and Safety Code defines possession as actual care, custody, control or management. Merely being close to the drugs is not good enough for a conviction. The prosecutor has to prove that you intentionally or knowingly had actual care, custody, control or management of the drugs. If you did not know that the drugs were there, you are not guilty. If you were merely present, you are not guilty.
Defenses in drug cases can also focus on the legality of the search and seizure. The Fourth Amendment of the United States Constitution protects us all from unreasonable searches and seizures. Generally speaking, the police cannot search your person, your vehicle or your residence without probable cause that a crime has been committed. They often are not allowed to search without first obtaining a search warrant. If the police illegally searched you or your property, the evidence they seized will not be admitted in court against you.
Possession of Marijuana
Possession of Marijuana is a felony or a misdemeanor depending upon the amount of marijuana at issue. Below are the punishment ranges for possession of marijuana.
- Class B Misdemeanor if two ounces or less;
- Class A Misdemeanor if more than two ounces and less than four onces;
- 4th Degree (State Jail) Felony if more than four ounces and no more than five pounds;
- 3rd Degree Felony if more than 5 pounds and no more than 50 pounds;
- 2nd Degree Felony if more than 50 pounds and no more than 2,000 pounds
- 1st Degree Felony if more than 2,000 pounds
Delivery of Marijuana
As with possession of marijuana, delivery of marijuana can be a felony or a misdemeanor depending upon the amount of marijuana alleged to have been delivered. The punishment ranges are below.
- Class B Misdemeanor if one-fourth of an ounce or less and the person alleged to have delivered the marijuana does not receive remuneration for the marijuana;
- Class A Misdemeanor if one-fourth of an ounce or less and the person alleged to have delivered the marijuana does receive remuneration for the marijuana;
- 4th Degree (State Jail) Felony if more than one-fourth of an ounce and no more than five pounds;
- 2nd Degree Felony if more than 5 pounds and no more than 50 pounds;
- 1st Degree Felony if more than 50 pounds and less than 2,000 pounds;
- Enhanced 1st Degree Felony with a minimum term of imprisonment of 10 years if more than 2,000 pounds.
Possesiion of a Controlled Substance / Deleivery of a Controlled Substance
Criminal Classification and Penalty Groups
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 subtance is included and the amount of controlled substance at issue.
Cocaine, Heroin and Methamphetimine are common examples of Penalty Group 1 drugs. The punishment ranges for drugs charges that involve these drugs are as follows:
Possession of a Contolled 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.
Delivery of a Controlled Substance
- 4th Degree (State Jail) Felony if less than one gram;
- 2nd Degree Felony if one gram or more but less than four grams;
- 1st Degree Felony if four grams or more but less than 200 grams;
- Enhanced 1st Degree Felony with a minimum term of imprisonment of 10 years if 200 grams or more but less than 400 grams;
- Enhanced 1st Degree Felony with a minimum term of imprisonment of 15 years if 400 grams or more
Consequences of a drug conviction in Texas
Your driver's license may be suspended.
You may be barred from applying for student loans.
If the amount of drugs is significant, you may face federal charges. Federal sentencing guidelines are harsh. Probation is not likely if you are convicted of a drug offense in Federal court.
You will have a lifelong criminal record that will make it more difficult for you to get a job.
Free Attorney Consultation
If you have been charged with possession of or trafficking in controlled substances such as marijuana, cocaine, meth or illegal prescription drugs, you need an experienced criminal defense lawyer at your side. Contact me, Houston criminal defense lawyer R. Todd Bennett, for a free initial consultation about your case.
