Drug possession in Texas is a serious crime. Texas punishes people heavily for possessing drugs, even marijuana, and even when it is their first offense. A drug possession lawyer in Frisco, TX from the Law Offices of Randall B. Isenberg can help you fight the charge and move on with your life.
Attorney Randall Isenberg has worked in the Texas courts for more than 30 years, many of the years spent as a prosecutor and district judge. He has handled drug cases from every vantage point inside a courtroom. His legal team knows what defense strategies work based on a given set of circumstances and can use that knowledge to your advantage.
Why Drug Possession Is a Big Deal in Texas
Drug possession is a serious crime in Texas because no matter how small the quantity of drugs in your possession, you could still face an actual criminal charge, not just a citation. If convicted, you could go to jail, pay a fine, and, worst of all, have a criminal conviction that follows you for the rest of your life, potentially holding you back from getting the job or house you want, serving in the military, or going back to school.
You can face drug possession charges in Texas even if you never touched the substance in question. If an arresting officer finds illegal drugs on your person or in any location that you control — which includes your home, your vehicle, and your locker at school — you could be charged and convicted of possession.
How Texas Categorizes Illegal Drugs
The outcome of your drug possession charge in Texas depends in large part on the type of drug you are accused of possessing. Like most states, Texas classifies drugs into different categories based on their perceived harmful effects and whether they have any legitimate medicinal use.
These categories are called “penalty groups.” They are as follows:
- Penalty Group 1: Heroin, opioids, morphine, cocaine, PCP, Rohypnol (roofies), methamphetamine.
- Penalty Group 1A: LSD
- Penalty Group 2: Hallucinogens, synthetic THC, ecstasy, psilocybin, mescaline, Quaaludes, certain stimulants including Vyvanse and Adderall.
- Penalty Group 2A: Synthetic marijuana.
- Penalty Group 3: Stimulants including Ritalin and Preludin, depressants and benzodiazepines (e.g., Xanax, Klonopin), codeine, barbiturates, peyote, anabolic steroids
- Penalty Group 4: Drugs that contain certain nonnarcotic ingredients that have legitimate medical uses.
Texas also has a separate category for possession of natural, non-synthetic marijuana, which is why it does not appear in any of the four above categories. It is important to note, though, that as of 2019, no quantity of marijuana possession is legal in Texas.
Texas also criminalizes the possession of drug paraphernalia. This includes pipes, bongs, rolling papers, scales, needles, and even standard kitchen items such as blenders and spoons if they are being used to manufacture drugs.
Penalties for Drug Possession in Texas
The penalties for drug possession in Texas can range from a small fine to life in prison. That is no exaggeration — if caught with more than a certain quantity of drugs, you could face a life sentence.
The severity of your penalty depends on several factors, including the penalty group of the drug in question, the quantity you are accused of possessing, and whether you have any prior drug convictions.
In addition, several aggravating or mitigating factors, such as having a child in the car while carrying drugs, could increase or decrease your sentence.
Drug possession in Texas ranges from a Class C misdemeanor to a first-degree felony. The schedule of penalties based on the class of crime is:
- Class C Misdemeanor: Up to a $500 fine
- Class B Misdemeanor: Up to a $2,000 fine and 6 months in jail
- Class A Misdemeanor: Up to a $4,000 fine and 1 year in jail
- State Jail Felony: Up to a $10,000 fine and 2 years in jail
- Third-Degree Felony: Up to a $10,000 fine and 10 years in prison
- Second-Degree Felony: Up to a $10,000 fine and 20 years in prison
- First-Degree Felony: Up to a $10,000 fine and life in prison
Defense Strategies for Drug Possession in Frisco, TX
A drug possession lawyer in Frisco, TX from the Law Offices of Randall B. Isenberg can evaluate your case and formulate a defense strategy that gives you the best chance of a favorable outcome. Our team has helped many Texans accused of drug crimes get the charges dropped or reduced.
Possible defense strategies for your drug possession case include:
Petitioning to Have the Charges Dropped
Our most ideal outcome is getting your charges dropped by the prosecutor or judge. We can often do this by presenting evidence that exonerates you or casts serious doubt upon your guilt. The prosecutor, not wanting to waste time and resources on an unwinnable case, may decide not to pursue the charges any further.
Pleading Down to a Lesser Offense
Another option is to work out a deal with the prosecutor in which you plead down to a lesser offense. By doing so, you can potentially avoid having a felony on your criminal record, and we may be able to work out a sentence that does not include jail time. This area is where attorney Randall Isenberg’s experience as a prosecutor and district judge works to your advantage as he has handled these negotiations from all sides.
Taking Your Case in Front of a Jury
If we can cast doubt upon your guilt, but the prosecutor will not agree to drop the charges, our best bet may be to fight your case in front of a jury. The burden of proof rests with the prosecutor.
For a Free Drug Possession Case Evaluation in Frisco, Call 214-696-9253 Today
The Law Offices of Randall B. Isenberg is ready to fight for your rights starting today. We can help you beat a drug possession charge in Texas. For a free case evaluation with a drug possession lawyer in Frisco, TX, call us at 214-696-9253.