Austin Possession of Controlled Substance Lawyer
If you are confused or unsure how to proceed, please call the Law Office of Kevin Bennett at (512) 476-4626. You may also contact the Law Office of Kevin Bennett through email.
Possession of a Controlled Substance Overview
In Austin, Texas, possession of a controlled substance (POCS) charges are quite common. Often times the controlled substance charge results after someone has already been arrested. For example, someone is arrested for DWI, public intoxication or an outstanding warrant and the controlled substance is found after arrest or during the process of being booked in to the Travis County Jail. Whether it's a loose Xanax pill in your purse or a Vicodin or Ritalin pill that your friend or roommate gave you, drug charges can be filed.
Penalties and Punishment for Possession of Controlled Substance in Texas
The penalty for Possession of a Controlled Substance is set out in the Texas Health and Safety Code, which vary upon various factors that generally include the type of the controlled substance and the amount of the controlled substance. The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under:
Penalty Group |
Examples of Drug/Controlled Substance |
1 |
Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and GHB |
1A |
LSD |
2 |
Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline |
3 |
Valium, Xanax and Ritalin |
4 |
Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone |
Penalty Group 1 |
|
|
Weight |
Charge |
Range of Punishment |
Less than one gram |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
1 gram or more, but less than 4 grams |
Third-degree Felony |
2 to 10 years in a state prison and a fine not to exceed $10,000 |
4 grams or more, but less than 200 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
200 grams or more, but less than 400 grams |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
10 to 99 years or life in a state prison and a fine up to $100,000 |
Penalty Group 1A |
|
|
Units |
Charge |
Range of Punishment |
Fewer than 20 units |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
20 units or more, but less than 80 units |
Third-degree Felony |
2 to 10 years in a state prison and a fine not to exceed $10,000 |
80 units or more, but less than 4,000 units |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
4,000 units or more, but less than 8,000 units |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
8,000 units or more |
Enhanced First-degree Felony |
15 to 99 years or life in a state prison and a fine up to $250,000 |
Penalty Group 2 |
|
|
Weight |
Charge |
Range of Punishment |
Less than one gram |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
More than 1 gram, but less than 4 grams |
Third-degree Felony |
2 to 10 years in a state prison and a fine not to exceed $10,000 |
More than 4 grams, but less 400 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Penalty Group 3 |
|
|
Weight |
Charge |
Range of Punishment |
Less than 28 grams |
Class A Misdemeanor |
Up to 1 year in county jail and a fine not to exceed $4,000 |
28 grams or more, but less than 200 grams |
Third-degree Felony |
2 to 10 years in a state prison and a fine not to exceed $10,000 |
200 grams or more, but less than 400 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Penalty Group 4 |
|
|
Weight |
Charge |
Range of Punishment |
Less than 28 grams |
Class B Misdemeanor |
Up to 180 days in county jail and a fine not to exceed $2,000 |
28 grams or more, but less than 200 grams |
Third-degree Felony |
2 to 10 years in a state prison and a fine not to exceed $10,000 |
200 grams or more, but less than 400 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Additional penalties may include the suspension of your driver's license or the possibility or seizure and forfeiture of any property if the property was used or was going to be used in the commission of a drug crime.
Defending You Possession of Controlled Substance Charges
There are many ways to defend a drug possession charge. For example, the element of possession is crucial in a possession of a controlled substance case. Under Texas law, the word "possession" has a very specific meaning, and it can differ from the general understanding of the word.
Austin defense lawyer Kevin Bennett can examine and review the circumstance surrounding your possession arrest and develop a defense that is unique to the circumstances surrounding your case.
Austin Possession of Controlled Substance Defense Lawyer
If you are confused or unsure how to proceed, please call the Law Office of Kevin Bennett at (512) 476-4626. You may also contact the Law Office of Kevin Bennett through email.