Travis County Drug Possession Defense Attorneys

Arrested for Drug Possession in Travis County, TX?

Drug possession charges in Travis County range from a misdemeanor to a first-degree felony, depending on the drug and the amount. If you've been accused of possessing illegal drugs in Travis County, the consequences could be severe, from jail time to hefty fines and a permanent criminal record. Cofer & Connelly, PLLC defends people charged with drug possession in Austin and throughout Travis County. Every case is different, and we build each defense around the facts of the individual case.

If you're looking for an experienced Travis County drug possession lawyer, call (512) 991-0576 or contact us online today for a consultation.

Common Types of Drugs

Drug possession charges in Texas can involve a wide range of controlled substances. The state categorizes these substances into different penalty groups, each with its own set of regulations and potential punishments.

Here are some of the most common drugs involved in possession cases:

• Marijuana (Cannabis): Although some states have legalized marijuana for medical or recreational use, Texas has not. Possession of even a small amount can result in criminal charges.
• Cocaine: Found in Penalty Group 1, cocaine possession is treated as a serious offense in Texas, with penalties that can include long-term imprisonment and significant fines.
• Methamphetamine (Meth): Also categorized under Penalty Group 1, meth possession carries severe penalties due to its high potential for addiction and abuse.
• Heroin: Another Penalty Group 1 drug, heroin possession charges are harsh, reflecting the dangers associated with its use and distribution.
• Prescription Drugs: Possessing prescription drugs like Xanax, Valium, or OxyContin without a valid prescription can lead to drug possession charges. These drugs are generally classified under Penalty Groups 3 and 4.
• MDMA (Ecstasy): Classified under Penalty Group 2, MDMA possession can result in serious legal consequences.
• Synthetic Cannabinoids: Often referred to as “K2” or “Spice,” synthetic cannabinoids are illegal in Texas, and possession can result in criminal charges.

What Are the Penalties for Drug Possession in Texas?

The penalties for drug possession in Texas depend on several factors, including the type and quantity of the drug, whether it was intended for personal use or distribution, and whether you have prior convictions. Texas law divides controlled substances into penalty groups, with Penalty Group 1 covering the most dangerous drugs and Penalty Group 4 covering substances that are considered less harmful.

Here are the key factors that determine the severity of drug possession charges in Texas:

Drug Quantity

• Small Amounts: Even possession of a small amount of a controlled substance can result in a misdemeanor or felony charge.
• Larger Quantities: Possession of larger amounts can result in felony charges, which may lead to extensive prison sentences and significant fines.

Penalty Group

• Penalty Group 1 (Cocaine, Heroin, Meth): Possession can result in a felony charge, with penalties ranging from 180 days in jail to 99 years in prison, depending on the quantity.
• Penalty Group 2 (MDMA, Ecstasy): Penalties range from a state jail felony to a first-degree felony, with sentences from 180 days to life in prison.
• Penalty Groups 3 and 4 (Prescription Drugs): Possession can result in a Class A misdemeanor to a felony, depending on the amount.

Additional Factors

• Drug-Free Zones: Possession in drug-free zones, such as near schools, can lead to enhanced penalties.
• Intent to Distribute: If law enforcement believes you intended to distribute the drugs, charges may be elevated to possession with intent to distribute, leading to more severe penalties.

Legal Defenses to Drug Possession Charges

Some common defenses include: