It is no secret that drug possession is a serious offense in Texas and isn’t taken lightly. Because of this, if you are facing first-time drug possession charges, you need to understand the penalties you could possibly face. Even first-time offenders could face severe penalties that could impact their ability to find employment, rent an apartment, and maintain a driver’s license.
One of the first things you should do if you’re facing first-time drug possession charges is hire a criminal defense attorney. At The Law Offices of Keith G. Allen, PLLC, we are committed to providing our clients with the best legal representation to help you get the best outcome.
What to Expect From First-Time Drug Possession Charges in Texas
Even if this is your first drug possession offense in Texas, you could still be facing very serious penalties. In Texas, being in possession of drugs means having custody, control, care, or management of the substance. Drug possession ranges from illegal substances found on your person as well as substances found in your home, belongings, or vehicle.
For drug possession charges to stick, the prosecution has to prove that you knowingly and intentionally possessed the illegal substances. Depending on the details of your case, the penalties you will be looking at could be very different. Here are some aggravating factors that could impact your drug possession charges:
- Type of drug: Texas has four classifications regarding illegal drugs you could possess. These penalty groups indicate the severity of the drug, which will have a direct impact on how severe the charges are.
- Quantity of the drugs: The quantity of illegal substances you possess will also impact your charges. The more you are in possession of, the more significant the penalties will be. Having large amounts of illegal substances can also be used to prove that you had the intention to sell the drugs to others.
- Intended use: Being in possession of drugs is serious but is not the worst type of drug-related crime. You will face more severe penalties if it is believed that you intend to sell or deliver the illegal substances.
- Location: An aspect of drug possession charges many overlook is where you were in possession of the illicit substances. For instance, if you were in a drug free zone, such as a designated school area, the drug charges would be more severe.
Penalties For First-Time Drug Possession in Texas
Texas cracks down hard on drug possession, which is why you could be facing serious penalties even for first-time drug possession charges. The factors mentioned above will be taken into consideration and will directly impact the penalties you receive. Here is an overview of what first-time drug possession charges could include depending on aggravating factors:
- Class B misdemeanor: Results in a maximum of 180 days in jail and a fine up to $2000.
- Class A misdemeanor: The result could be up to a year in jail and a fine of up to $4000.
- State jail felony: The result ranges from a minimum of 180 days up to two years in state jail with the possibility of a fine of up to $10,000.
- Third-degree felony: Results in two years up to 10 years in prison with a fine up to $10,000.
- Second-degree felony: Results in two years up to 20 years in prison with a fine up to $10,000.
- First-degree felony: Results in five to 99 years in prison or life in prison and a fine up to $10,000.
Defenses For Drug Possession Charges
Because drug possession charges are so serious, you should hire a criminal defense lawyer as soon as possible. A lawyer will be able to walk you through the legal process and instruct you on your best options. They will also be responsible for collecting evidence that supports your case and negotiating on your behalf.
Depending on the details of your charges, your attorney may be able to find loopholes to get fewer penalties. Here are some common defenses that can be used to fight drug possession charges in Texas.
Legal Possession
Depending on the type of drug that you are accused of possessing, your attorney may be able to argue that you legally possessed the substance. For instance, there are some illegal drugs in Texas that are given as prescriptions. Your attorney could get prescription documents and doctor’s notes to prove that you had a right to be in possession of that substance.
Police Misconduct
No matter what the charges are, law enforcement has to behave in a certain way when conducting an investigation and arrest. If they fail to maintain your rights and conduct their investigation incorrectly, this could lead to evidence being suppressed.
After analyzing the evidence and details of the charges, your attorney may be able to bring this up in court. For instance, the police may not have had probable cause to search you or your belongings, making the evidence they found invalid. Or they may have mishandled the substances and didn’t document the arrest correctly.
Lack of Intent
There are instances where you may have been found in the possession of drugs unknowingly. Your attorney could use the defense that you did not have the intent of possessing drugs and shouldn’t be held responsible for having them. For instance, someone else may have put illegal substances in your belongings, or you were in someone else’s vehicle when they were in possession of drugs.
For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC
Even though first-time drug possession charges in Texas aren’t as severe as some other drug-related charges, they can still come with life-altering consequences. You need to understand what these charges entail and the possible defenses your attorney could use to lessen the penalties.
At The Law Offices of Keith G. Allen, PLLC, we have handled thousands of criminal defense cases in Pearland and Brazoria County. If you want compassionate and dedicated legal representation, contact us today at 832-230-0075 for a free consultation.
