Texas Cocaine Charge Lawyer

How Serious Is Possession Of Cocaine In Texas?

In Texas, cocaine is categorized under Penalty Group 1 in the Texas Controlled Substances Act. Essentially, TX Health & Safety Code § 481.115 states that knowingly or intentionally possessing cocaine (without a valid prescription) is a crime. The severity of the penalty depends on the amount of cocaine in possession, taking into account any substances used to cut or dilute the drug.

Breaking Down The Charges: Cocaine Possession By Weight

The specific penalties for cocaine possession in Texas vary based on the weight of the cocaine involved in the offense. Here is a breakdown of the penalties based on the weight of the cocaine:

State Jail Felony

Possession of under one gram: A state jail felony, which carries a potential punishment of 180 days to 2 years in a state jail and a fine of up to $10,000.

Third-Degree Felony

Possession of 1 gram to less than 4 grams: A third-degree felony that is punishable by 2-10 years in prison and up to a $10,000 fine.

Second-Degree Felony

Possession of 4 grams to less than 200 grams: A second-degree felony, carrying a potential sentence of 2 to 20 years behind bars and up to a $10,000 fine.

First-Degree Felony

Possession of 200 grams to less than 400 grams: A first-degree felony, which can result in 5-99 years or life imprisonment plus up to a $10,000 fine.

Enhanced Penalty

Possession of 400 grams or more: If the amount of cocaine possessed is at least 400 grams, the offense becomes punishable by imprisonment in TX Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, plus up to a $100,000 fine.

It's important to remember that laws can be complex, and this summary might not cover all the nuances or the latest legal changes. If you're in a situation related to cocaine possession, always consult with a cocaine defense lawyer who can provide guidance based on your specific circumstances.

Texas Cocaine Manufacturing, Distribution Laws

Understanding The Offense And Intent

Under Section 481.112 of the Texas Health & Safety Code, a person commits an offense if they knowingly manufacture, deliver, or possess cocaine with the intent to deliver it. This means that any involvement in cocaine production, cocaine distribution, or possession of cocaine with the intention to sell or deliver it is considered a criminal offense.

Penalties Based On Cocaine Quantity

The penalties for cocaine offenses in Texas are determined by the quantity of the drug involved. Let's examine the specific penalties associated with different quantities:

Less Than One Gram

If the quantity of cocaine involved is less than one gram, the offense is classified as a state jail felony. As a state jail felony, the potential penalties include imprisonment in a state jail facility for a period of 180 days to 2 years and a maximum fine of $10,000.

One Gram Or More But Less Than Four Grams

When the quantity of cocaine falls between one and four grams, the offense is elevated to a felony of the second degree. A felony of the second degree carries more severe penalties, including imprisonment for a term ranging from 2 to 20 years and a maximum fine of $10,000.

Four Grams Or More But Less Than 200 Grams

If the quantity of cocaine involved is between four and 200 grams, the offense is classified as a felony of the first degree. As a felony of the first degree, the potential penalties include imprisonment for a term ranging from 5 to 99 years or life imprisonment, along with a maximum fine of $10,000.

200 Grams Or More But Less Than 400 Grams

When the quantity of cocaine exceeds 200 grams but is less than 400 grams, the offense becomes punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term ranging from 10 to 99 years. In addition, a fine of up to $100,000 may be imposed.

400 Grams Or More

If the quantity of cocaine involved exceeds 400 grams, the offense is also punishable by imprisonment in the Texas Department of Criminal Justice. The potential sentence ranges from 15 years to life imprisonment, and a fine of up to $250,000 can be imposed.

It's important to understand that these penalties apply to the aggregate weight of the cocaine, which includes any adulterants or dilutants. Adulterants are substances mixed with cocaine to increase profits, while dilutants are used to reduce its potency. Both the pure cocaine and any additional substances are considered when determining the weight for penalty purposes.

Understanding Drug-Free Zones In Texas

If you live in Texas and are concerned about the potential consequences of a cocaine charge, it's important to be aware of the state's laws regarding drug-free zones. These laws specify certain areas where drug offenses carry more severe penalties. Here’s more on the relevant statute, Section 481.134 of the Texas Health and Safety Code, to help you understand its implications.

Drug-Free Zones And Offenses

According to Section 481.134, certain drug offenses that would typically be punishable as state jail felonies or higher carry enhanced penalties if committed within drug-free zones. These zones include:

Schools, Youth Centers, And Playgrounds

If the offense is committed within 1,000 feet of property rented, leased, or owned by an institution of higher learning, a private or public youth center, or a playground, the offense becomes more severe. For example, an offense that would normally be a state jail felony becomes a felony of the third degree. Higher-level felonies also escalate to the next level, carrying more severe penalties.

Public Swimming Pools And Video Arcade Facilities

If the offense occurs within 300 feet of the property of a public pool or a video arcade facility, the penalties increase similarly to the previous scenario.

General Residential Operations

If the offense is committed by an unauthorized person aged 18 or older within 1,000 feet of property rented, leased, or owned by a treatment center, the penalties are increased as well.

Increased Punishments And Exceptions

The statute also outlines the impact on punishment for specific offenses committed within drug-free zones. It states that the minimum prison term is extended by five years, and there is double the maximum fine. The enhanced punishment applies when the offense takes place within 1,000 feet of a school, youth center, or playground, or on a school bus. It also applies when the offense is committed by an unauthorized person aged 18 or older within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.

However, it's worth noting that the enhanced punishment does not apply if the offense is committed inside a private residence without any minors present at the time.

Concurrent Sentences And Conclusion

Lastly, the statute specifies that if a conviction leads to enhanced punishment under Section 481.134, the punishment cannot run concurrently with punishment for a conviction under any other criminal statute. This means that the enhanced penalties must be served consecutively.

Understanding the laws surrounding drug-free zones in Texas is crucial if you're facing a cocaine charge. Being aware of the specific locations and circumstances that can result in increased penalties can help you navigate the legal process more effectively. Remember, if you have any legal concerns or questions, it's advisable to consult with an experienced attorney who can provide you with personalized advice and guidance.

Increased Punishment For Manufacturing Or Delivering A Controlled Substance Resulting In Death Or Serious Injury In Texas

Section 481.141 of the Texas Health and Safety Code deals with the delivery or manufacture of a controlled substance causing serious bodily injury or death.

Determining Guilt And Consequences

According to this statute, if you're accused of manufacturing or delivering cocaine and during the trial, the jury or judge finds you guilty, and it is proven that someone sustained serious bodily injury or died as a direct result of using the cocaine you delivered or manufactured, the punishment for the offense will be increased by one degree.

This means that if you're found guilty under this circumstance, the penalties you may face will be more severe compared to a regular charge for manufacturing or delivering a controlled substance. It's important to note that the statute applies irrespective of whether the drug was used alone or in combination with other substances, such as drugs, adulterants, or dilutants.

Concurrent Sentences

Typically, when a person is convicted of multiple offenses, the court may order the sentences to run concurrently, meaning they serve the sentences at the same time. However, under this statute, if your punishment is increased due to causing death or serious bodily injury, the court is prohibited from ordering a sentence for that crime to run concurrently with a different sentence you receive for other charges.

The specific details of your case, including the evidence, circumstances, and legal representation, can significantly impact the outcome. Therefore, it's important to consult with a qualified attorney who can provide personalized advice based on the facts of your situation.

Defenses To A Texas Cocaine Charge

In Texas, there are specific circumstances that can amount to defenses against drug possession charges. Remember, this doesn't guarantee acquittal or dismissal, but they can be used in court to potentially reduce charges or penalties. Always consult a legal professional for advice specific to your situation.

Emergency Medical Assistance Defense

If you're the first person to request emergency medical help during a potential overdose situation—for yourself or another person—and you stay on the scene and cooperate with medical and law enforcement personnel, you might be protected from prosecution. This defense is specific to offenses related to possession of less than one gram of cocaine.

However, several exceptions can disqualify you from using this defense:

• If you were in the process of being arrested or were involved in another crime when the emergency call was made.
• If you have a prior conviction or were on probation.
• If you've successfully used this defense before.
• If you've used this emergency medical assistance defense within the 18-month period prior to the date of the current offense.

It's also important to note that even if you successfully use this defense, any evidence obtained during this situation can still be used against you if it relates to another crime for which this defense doesn't apply.

Valid Prescription Or Order

The statute suggests that possession of cocaine could be justified if the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. However, this would be extremely rare, as cocaine is a Schedule II drug with very limited medical use.

In addition to the defenses provided in the specific statute, there are several general defenses that could potentially apply to a cocaine possession charge. These defenses focus on challenging the evidence or legality of the search and seizure, questioning the possession element, or highlighting violations of constitutional rights. It's important to consult with an attorney to determine the best defense strategy based on the specific facts of your case.

Here are some other defenses that could potentially apply:

Unlawful Search And Seizure

If law enforcement conducted an illegal search or seizure without a valid warrant, probable cause, or your consent, it may be possible to challenge admissibility of evidence obtained. The Fourth Amendment protects individuals from unreasonable searches and seizures, and violations of these rights can lead to evidence being suppressed.

Lack Of Possession

The prosecution must prove that you knowingly or intentionally possessed the cocaine. If you can argue that you were unaware of the presence of the drug, or that it belonged to someone else, it may cast doubt on the possession element of the charge.

Procedural Violations

Any violation of your constitutional rights during the arrest, questioning, or handling of evidence could be grounds for a defense. For example, if law enforcement failed to inform you of your Miranda rights or engaged in coercive tactics, it could affect admissibility of statements made or evidence collected.

Crime Lab Analysis

The prosecution relies on the analysis of the substance to prove it is cocaine. Challenging the accuracy or reliability of the laboratory testing methods, the chain of custody, or the qualifications of the forensic analyst may weaken the prosecution's case.

Entrapment

If you can demonstrate that you were induced or coerced by law enforcement into possessing cocaine when you would not have done so otherwise, an entrapment defense may be applicable.

Mistaken Identity

If there is a case of mistaken identity, where law enforcement wrongly identified you as the possessor of the cocaine, it can be a potential defense.

Illegal Stop Or Profiling

If you believe that you were targeted, stopped, or searched based on your race, ethnicity, or other protected characteristics without any reasonable suspicion or probable cause, you might have a defense based on illegal profiling.

It's important to note that the success of these defenses depends on the specific circumstances of your case and the evidence available. Consulting with an experienced criminal defense attorney who specializes in drug-related cases will help assess your situation, identify potential defenses, and build a strong legal strategy tailored to your case.

Travis County Drug Diversion Court For Cocaine Offenses

If you've been arrested in Travis County, Texas for a felony cocaine offense, you might be eligible for the Drug Diversion Court program. This program aims to provide an alternative to traditional criminal prosecution by offering treatment and support to individuals struggling with drug addiction following a drug offense. Let's break down the key points of this program in a simplified manner.

Am I Eligible For Drug Diversion Court?

To determine if you're eligible for the Drug Diversion Court program, the District Attorney's Office will review your criminal history. If you meet the legal requirements, you will be required to undergo a clinical assessment to evaluate if you're suitable for the program. If you're interested in entering the program but don't meet the eligibility criteria, your attorney should contact the District Attorney's Office to discuss your options. It's important to note that if alcohol is determined to be your primary drug of choice, you won't be considered appropriate for the program.

What Happens Next If I'm Eligible For Drug Diversion Court?

If you're deemed eligible for the program, you will be scheduled for an appointment where you will receive information about the program. During this appointment, the clinical assessment will also take place. If you're clinically eligible, you will be given a court appearance date and time. The Judge will then decide whether to accept or deny your case for program admission.

What Are The Advantages Of Participating In Drug Diversion Court?

Participating in the Drug Diversion Court program offers several benefits, including:

1. Restoration of family and community ties: The program aims to help you rebuild relationships with your loved ones and become a productive member of your community.
2. Achievement of sustained sobriety: The focus of the program is to support you in overcoming drug addiction and maintaining long-term sobriety.
3. Dismissal of criminal charges: If you successfully complete the program, your criminal charges will be dismissed.

How Long Is The Drug Diversion Court Program?

The Drug Diversion Court program lasts for a minimum of 12 months. During this time, you will be required to fulfill certain obligations and meet program requirements.

Once I'm In The Program, How Does It Work?

Once you have been formally accepted into the program by the presiding Judge, you will attend an orientation session that explains all the requirements of the program. Here are some important aspects:

Court Appearances

The frequency of court appearances will depend on your phase advancement, which can range from weekly to bi-weekly or monthly. If you experience setbacks, you might have to attend court more frequently.

Case Management

You will have an initial appointment with a Case Manager within five working days of program acceptance. The Case Manager will help reinforce the skills you learn in treatment, monitor your program compliance, and connect you with community services.

Orientation

Within 48 hours of being accepted into the program, you are required to attend an orientation session. This session provides an overview of the program requirements and allows you to ask any questions you may have in a relaxed setting.

Treatment Interventions

You can expect to undergo treatment, either on an outpatient or inpatient basis, as determined by your specific needs. The program provides in-house treatment and follows an evidence-based structured curriculum. In some cases, with court approval, you may be referred to treatment services in the community.

Graduation

When you successfully complete the program, you will appear in court for your final appearance before the judge. During this hearing, your accomplishments will be acknowledged and celebrated. You will also receive final instructions from the Court, Defense Attorney, and Prosecutor regarding the dismissal of your case(s).

Frequently Asked Questions About Cocaine Charges In Texas

What Does It Mean That Cocaine Is In Penalty Group 1 In Texas?

Under Texas cocaine possession laws, controlled substances are divided into several "Penalty Groups" based on their perceived danger, potential for abuse, and recognized medical use. Cocaine is in Penalty Group 1, which contains substances considered to have the highest potential for abuse and the most severe penalties.

How Severe Are The Penalties For Possessing Cocaine In Texas?

The severity of penalties depends on the total weight of the cocaine in possession, including any cutting agents. Charges range from a state jail felony for amounts less than 1 gram, up to 10-99 years or life imprisonment, and fines up to $100,000 for amounts of 400 grams or more. The penalties for a cocaine manufacturing charge in Texas depend on the quantity of cocaine involved in the offense. The range of penalties includes state jail felony, second degree felony, first degree felony, and potential life imprisonment. Fines can also range from $10,000 to $250,000, depending on the quantity of cocaine.

Does The Law Consider If Cocaine Is Cut With Other Substances?

Yes, Texas law takes into account the total aggregate weight of the controlled substance, including any adulterants or dilutants used to cut the drug.

Is There Any Legal Defense For Cocaine Possession In Texas?

The law provides a potential defense if you're the first person to request emergency medical help during a potential overdose situation for yourself or another person. You must remain on the scene and cooperate with medical and law enforcement personnel to qualify for this defense.

Are There Exceptions To The Emergency Medical Assistance Defense?

Yes, the defense doesn't apply if you were in the process of being arrested, were committing another crime when the emergency call was made, or if you have previous convictions or have used this defense before. Also, if you've requested emergency medical assistance for an overdose within the previous 18 months, the defense can't be used.

If I Use The Medical Assistance Defense, Can The Evidence Collected Still Be Used Against Me?

Yes, even if you successfully use this defense, any evidence obtained during this situation can be used against you if it relates to another crime for which this defense doesn't apply.

If I'm Facing A Cocaine Charge, What Should I Do?

It's essential to consult with a legal professional who can provide guidance based on your specific circumstances. While these FAQs provide a simplified understanding of the law, legal cases are often complex and require expert advice.

How Does The Quantity Of Cocaine Impact The Severity Of The Offense?

The quantity of cocaine involved in the offense is a significant factor in determining the severity of the offense and the corresponding penalties. The more substantial the quantity, the more severe the penalties become, ranging from state jail felony to potential life imprisonment.

What Is The Difference Between A State Jail Felony And A Felony Of The First Or Second Degree?

In Texas, state jail felonies carry less severe penalties compared to felonies of the first or second degree. State jail felonies are punishable by imprisonment in a state jail facility (180 days to 2 years in jail), while felonies of the first or second degree can result in longer prison sentences in the Texas Department of Criminal Justice.

Are There Any Additional Factors That Can Affect The Penalties For A Cocaine Charge?

The penalties outlined in the statute take into account the aggregate weight of the cocaine, including any adulterants or dilutants. Adulterants are substances mixed with cocaine to increase profits, while dilutants are used to reduce its potency. Both the pure cocaine and any additional substances are considered when determining the weight for penalty purposes.

Should I Hire An Attorney If I'm Facing A Cocaine Charge In Texas?

Yes, it is highly recommended to seek legal representation if you're facing a cocaine charge in Texas. An experienced attorney who specializes in drug-related cases can provide you with essential guidance, protect your rights, and work towards the best possible outcome for your case.

Can The Penalties For A Cocaine Charge Be Reduced Or Mitigated?

The potential for reduced or mitigated penalties depends on various factors, including the specific details of your cocaine possession charges, any potential defenses, and the expertise of your legal representation. An experienced attorney will assess the circumstances and work diligently to explore all possible avenues for mitigating the consequences you may face.

Texas Cocaine Offense Attorney

When facing a cocaine possession charge or another cocaine offense in Texas, your choice of legal representation can make all the difference in the outcome of your case. At Cofer & Connelly, PLLC, we bring decades of courtroom experience to the table, having successfully tried more than 370 jury trials and handled over 25,000 criminal and family law cases. Our attorneys possess a wealth of knowledge on Texas cocaine laws gained from serving as long-time prosecutors and judges in various counties throughout Texas. Our deep understanding of the legal system allows us to develop effective strategies tailored to your specific circumstances. Whether you're dealing with drug possession, distribution, or trafficking charges, we have the expertise to protect your rights and pursue the best possible outcome.

Reach out to Cofer & Connelly, PLLC at (512) 991-0576 or visit our website to request a free consultation.

Don't delay—take proactive steps towards a favorable resolution to your Texas cocaine charges by choosing the experienced team at Cofer & Connelly, PLLC.

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