Drug Crimes
Texas drug law is driven by penalty groups and weights. The substance and the amount determine whether you are facing a state-jail felony or a first-degree felony with a potential life sentence. The difference between possession and possession with intent to deliver can turn on nothing more than the quantity.
Penalty groups
The Texas Controlled Substances Act divides drugs into penalty groups. Penalty Group 1, for example, includes heroin, cocaine, methamphetamine, and prescription opioids like oxycodone. The penalties for Penalty Group 1 range from a state-jail felony for less than one gram to ten years to life for more than 400 grams.
Marijuana is in a category of its own. Possession of processed THC, including edibles and concentrates, is punished under Penalty Group 2, which means a small amount of THC gummies is a felony.
What we challenge
Drug cases almost always begin with a stop, a search, or a tip. The legality of each step matters. If the stop was unlawful, the search that followed it was unlawful, and the evidence it produced is inadmissible. A motion to suppress can end a drug case before trial.
We also challenge the State’s proof of knowing possession. Drugs found in a car with four occupants do not automatically belong to the driver. The State must prove that the defendant knew the drugs were there and exercised care, custody, control, or management over them. That is a higher bar than proximity.
Diversion and dismissal
Harris County and other jurisdictions offer diversion programs for certain drug offenses. Completing a program can result in dismissal of the charges. We evaluate every case for diversion eligibility, because a dismissed case is better than a won case.
Talk to us
We also defend federal drug cases. If you have been convicted, we handle appeals.
713-224-1747.