Overview of Drug Charges in Texas

The state of Texas takes drug crimes very seriously. Because of this, you should also take drug charges very seriously while finding an attorney who also understands the seriousness of your situation. Drug possession can land you in jail, while more serious drug charges can ensure you spend a considerable amount of time in prison. Having an experienced Fort Worth drug crime attorney from Burns & Davis defending your charges can significantly reduce your sentence, possibly even obtaining probation or rehabilitation rather than jail time. The severity of your sentencing following an arrest on drug charges will depend on:

  • The type of drugs you are caught with
  • Whether the police can prove “intent to deliver,” based on large amounts of cash in your possession, how the drug is stored, large quantities of the drug, along with prior offenses or past convictions
  • The quantity of the drug found on your person, in your vehicle, or at your home
  • Whether a minor was present where the alleged offense took place

To minimize a potentially adverse outcome following drug charges in Fort Worth, it is important that you take your right to remain silent seriously. Police officers may imply that if you simply “tell the truth” you will be allowed to go home. This is virtually never true. If you’ve been arrested, it is almost a certainty that you will be prosecuted, so think damage control.

Don’t answer questions, call an experienced Burns & Davis drug crime attorney as quickly as possible, and do your best to remember the details of your arrest. (Your attorney may be able to have your charges lowered or dismissed if the police made mistakes during or after your arrest). The fierce advocacy you will receive from your Burns & Davis attorney can make a substantial difference in whether you spend time in jail or prison.

Schedules of Controlled Substances in Texas

The type of drugs you are caught with will have an impact on your charges and sentencing. Texas divides controlled substances into four “schedules” as follows:

  1. A Schedule I drug is a drug that is considered to have a high risk of abuse, along with no accepted medical use in the U.S. Examples of a Schedule I drug include crack cocaine, heroin, PCP, LSD, and marijuana.
  2. A Schedule II drug is also believed to have a high risk of abuse, however, it may also have certain accepted medical uses in the U.S. Schedule II drugs may lead to physical or psychological dependence. Some of the drugs under the Schedule II umbrella include morphine, cocaine, oxycodone, fentanyl Ritalin, and Dexedrine.
  3. Schedules III, IV, and V drugs are believed to have less risk of abuse than Schedule II, and have accepted medical uses in the U.S.  Schedule III drugs can include ketamine, testosterone, and anabolic steroids. Schedule IV drugs can include Xanax, Ambien, Valium, and Ativan. Schedule V drugs can include cough suppressants.

Penalties and Punishments for Drug Charges in Texas According to Penalty “Groups”

Under penalty group 1, which includes substances deemed to be extremely dangerous and addictive (cocaine, heroin), penalties for less than one gram of the substance begin with state jail time from 6 months to 2 years, and fines as large as $10,000. One to four grams of the substance results in third-degree felony charges with the possibility of 2 to 10 years in prison. Possession of 4-200 grams of the substance results in second-degree felony charges with the possibility of 2-20 years in prison. Possession of 200-400 grams is a first-degree felony, with the possibility of 5-99 years in prison. Anything over 400 grams is charged as an enhanced felony I and can result in fines as large as $300,000 and from 10-99 years in prison.

Penalty group 2 includes common hallucinogenic drugs like PCP or ecstasy, as well as amphetamines.  Possession of less than one gram of these substances is a state jail felony, subject to six months to two years in jail and fines as large as $10,000. Possession of 1-4 grams is a third-degree felony, with the potential of 2-10 years in prison. Possession of 4-400 grams of a penalty two group substance is a second-degree felony, with a potential of 2-20 years. Possession of more than 400 grams could lead to a sentence of 5-99 years in prison, along with fines as large as $50,000.

Penalty group 3 includes both depressants and stimulants, including diazepam (Valium) and Ritalin. Possession of fewer than 28 grams of a penalty group 3 substance is a Class A misdemeanor, with the possibility of up to one year in jail. Larger amounts are charged as third, second, and first-degree felonies with prison sentences from two years to 99 years.  Penalty group 4 includes a broad range of prescription medications classified as controlled substances. Penalties for less than 28 grams of a penalty group 4 substance is a Class B misdemeanor, with the possibility of up to six months in jail. Larger amounts of these substances can result in felony charges and from 2-99 years in prison.

Penalties for Possession of Marijuana 

Simple possession of marijuana for two ounces or less is charged as a Class B misdemeanor, which can result in up to six months in jail. Possession of four ounces or less of marijuana is a Class A misdemeanor, which can result in up to a year in jail. Possession of more than four ounces of marijuana but less than five pounds is a state jail felony, which can result in six months to two years in jail. Possession of more than five pounds of marijuana but less than 50 pounds is a third-degree felony that can result in 2-10 years in prison.

FAQs

  • Do first-time drug offenders go to jail in Texas? While jail or prison is certainly a possibility even if this is your first offense, your attorney can often make the difference between jail and probation or even jail and having your charges dropped. Your attorney will be able to determine whether there were problems with your arrest, or whether your constitutional rights were violated during your arrest. If mistakes were made, your attorney may be able to have your charges lessened or dropped, or your sentence reduced.
  • Are there programs for first-time offenders to get their cases dismissed?  yes.  These types of situations can involve a lot of complicated steps. It is best for you to call a fort worth drug lawyer to find help you navigate this difficult process.  
  • Do I need to hire a lawyer for a simple drug possession case? Even a “simple” drug possession charge has the potential to be not very simple at all. You could potentially spend time in jail and pay extremely large fines, even for a simple possession case. This could result in the loss of your employment—or difficulty obtaining employment in the future. You should always speak to an experienced Fort Worth drug crime attorney from Burns & Davis to ensure the best possible outcome from your drug charges.
  • Will I lose my license after being convicted of a drug-related offense? All drug convictions result in a license suspension. The attorneys at Burns & Davis know how to avoid a license suspension through years of experience. If you are currently suffering a suspension, we know how to get your license back. 
  • Can I get the property that was taken by the police back? These takings are often remedied by a process known as forfeitures. If your property was taken call us we can file a forfeiture defense and possibly get your money and property back. You will want to act quickly as a default judgment could result in a total loss of the property.

How a Fort Worth Drug Crime Attorney Can Help

A Fort Worth drug crime attorney from Burns & Davis will provide the dedicated defense strategy you need and deserve. We have a solid record of more than a decade of favorable results for our clients. We are passionate about achieving justice for each and every client, bringing a legacy of excellence to the table. At Burns & Davis, we understand that being charged with a drug crime is a stressful, anxiety-inducing experience. We believe you should be able to feel confident that your attorney is doing absolutely everything within their powers to achieve a positive outcome. Remember—your goals are our goals, and we want to solve your problems without complicating them. Contact Burns & Davis, PLLC today.