Best Defense for Drug Possession
We have years of experience building cases that will make it very difficult for the prosecutor to prove beyond a shadow of a doubt that you did knowingly and intentionally possess a controlled or illicit drug.
The most common defenses we can use to avoid a conviction include:
- You lacked knowledge that you were in possession of the controlled substance.
- You did not intend to use the drug for human consumption.
- The drug has an approved new drug application under the Federal Food, Drug, and Cosmetic Act.
- Your conduct was within the exemptions due to the drug being approved for investigational use under the Federal Food, Drug, and Cosmetic Act.
- The drug is medical marijuana.
- The drug is a prescribed medication from a medical doctor.
- There was an insufficient quantity to convict.
Penalties for Possession
There are four classes of drugs, each with their own penalties in Texas. Marijuana has its own class. Several factors are considered when it comes to the penalties for drug possession in Texas, including:
- Type of drug
- Quantity
- How the drug was stored or concealed
- Possession of additional drug paraphernalia
- Possession of a large amount of money
- Your past convictions
The charges can include:
- A “Class B” misdemeanor
- A “Class A” misdemeanor
- A third-degree felony and all the way up to a first-degree felony
The least serious penalties include up to one year in county jail and/or a fine of no more than $4,000. The most severe can include 99 years to life in prison and/or a fine of up to $250,000.
Marijuana Possession
Marijuana charges and penalties can vary drastically based on the amount in your possession. In cases where you are caught carrying under two ounces of marijuana, it will be classified as a “Class B” misdemeanor. This can carry a sentence of as many as 180 days in jail and/or a fine of no more than $10,000. If you are found carrying over 2,000 pounds of marijuana, the penalty can be 99 years or life in prison and a fine of up to $50,000.
As you can see, drug possession is a serious charge in Texas. Whether you were caught with a small amount of cocaine, a large amount of marijuana or an assortment of controlled substances, it is in your best interest to call an attorney right away.
The Patel Fuller team can provide you with a viable defense to help you fight your drug possession charges. We will help you avoid conviction and severe penalties.