Austin Drug Possession Lawyers
Fighting Criminal Charges of Possessing a Controlled Substance
You could be charged with drug possession in Austin, Texas, if you are alleged to have unlawfully had in your actual care, custody, control, or management a controlled substance.
In these drug crime cases, the State must prove that you had the substance knowingly or intentionally and, if it were a prescription medication, that you did not have a valid prescription for it.
Drug possession charges in Texas are serious. Depending on the amount and type of substance you allegedly had, you could be accused of a felony or misdemeanor. In either case, the penalties are severe, consisting of incarceration, fines, and/or other sanctions.
At Smith & Vinson Law Firm, we are ready to get started on fighting your charge.
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
Before going into a specific discussion about drug possession criminal charges in Austin, it's beneficial to review Texas's drug Penalty Groups. The level of charges and penalties you can face are tied to the category the drug you allegedly had falls into.
Texas classifies controlled substances into four groups, with the first two further separated into subgroups, for a total of seven. The categories are distinguished by the type of drugs contained within them.
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.
Is Drug Possession a Felony in Texas?
Drug possession can be either a felony or a misdemeanor. The level is determined by the Penalty Group the substance is in and the amount of the drug.
Drug Possession Charges in Texas
Below is the level of charges for the different Penalty Groups:
- 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
Whether you’ve been charged with a misdemeanor or felony, our Austin drug possession lawyers are prepared to stand up for you. We’ll relentlessly fight on your behalf both in and out of court.
Drug Possession Penalties in TX
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.
How to Fight a Drug Possession Charge in TX
You most certainly can fight a Texas drug possession charge. In fact, it is your Constitutional right to do so. Attacking the accusations requires building an aggressive and compelling defense to cast doubt on the prosecutor’s arguments. Our team is here to help do that.
Various defenses can be raised to fight drug possession charges in Texas depending on the situation. For instance, we can argue that our client was subject to an unlawful arrest or search or not aware that the substance was a drug.
From the moment you retain our services, we’ll take a deep dive into the facts of your case and will be determined to fight for you.
Exploring Alternative Sentencing Options
When facing a drug possession charge in Texas, it's important to understand that 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 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 and adherence to specific rules.
- 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.
It's important to consult with one of our experienced Austin drug possession attorneys to determine if any of these alternative sentencing options may be available in your case. We can guide you through the process, help you understand your rights, and fight for the best possible outcome.
Speak With One of Our Austin Drug Possession Attorneys
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.
To schedule a free consultation with our Austin drug possession lawyers, contact us at (512) 359-3743.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Theft
Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.
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Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault With Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted. Our client was charged with both misdemeanor Assault and Aggravated Assault with a Deadly Weapon.
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Charges Dismissed Sexual Assault Investigation
Our client was a Texas State student who had a bright career ahead of him. He was accused of sexual assault by a classmate and an overzealous law enforcement officer proceeded to arrest him without a thorough investigation. Our team was able to fight for our client by putting together a defense that showed that the actions between the two were consensual and that his accuser had ulterior motives. The District Attorney's Office agreed and dismissed the case.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.