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Possession of Cocaine

Cocaine is powerful nervous system stimulant that is often used recreationally but that also has a high potential for abuse. In Texas, possession of cocaine is taken very seriously and can lead to an arrest and felony drug charges being filed. If you have been arrested for possession of cocaine or are facing a felony cocaine charge, you should immediately seek legal counsel. 


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Travis County Cocaine Possession Defense Attorney

At The Law Office of Kevin Bennett defense attorney, Kevin Bennett has experience defending clients against a variety of offenses including DWI, assault, theft, drug possession, and a series of other criminal offenses. If you have been arrested for cocaine possession, you are at risk of losing your freedom for a very long time.

To avoid prison or other consequences, call The Law Office of Kevin Bennett at (512) 476-4626 today to schedule your free consultation. This firm operates out of Travis County and represents clients in Austin, Pflugerville, Bee Cave, Lakeway, Sunset Valley, Lago Vista, West Lake Hills, and surrounding areas.


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Cocaine Possession Information Center


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Cocaine Possession Defined

Texas Code §481.070 states the following:

Except as permitted by this chapter, a person may not administer or dispense a controlled substance listed in Schedule I.Schedule I substances are those which have shown a high potential for abuse, those that have not been accepted for medical use treatment in the United states, or those lacking accepted safety for use in treatment under medical supervision.

Some of the schedule I substances include the following:

  • Opiates containing their isomers;
  • Heroin;
  • Marijuana;
  • LSD;
  • PCP;
  • Cocaine;
  • And several other high-risk substances.

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Penalties for Cocaine Possession and Cocaine Distribution in Texas

Cocaine is classified under Penalty Group 1 of the Texas Health and Safety Code and possession of even the smallest amount of the drug is considered a felony in Texas. The penalty you face for possession of cocaine depends on various factors such as the amount of cocaine, whether it was packaged for sale or whether the drug was found, for example, in a drug-free zone such as a school.

It is important that you discuss Texas cocaine possession laws with a skilled and knowledgeable criminal defense attorney for a full understanding of your options and possible defenses to your cocaine or any type of drug charge.

  • Less than 1 Gram of Cocaine: Possession of less than one gram of cocaine is considered a state jail felony in Texas which carries a minimum jail sentence of 180 days and a maximum of 2 years in state jail and a fine up to $10,000.
  • 1 to 4 Grams of Cocaine: Possession of one to four grams of cocaine is a third-degree felony which carries a penalty of a minimum of 2 years and a maximum of 10 years and a fine up to $10,000.
  • to 200 Grams of Cocaine: Possession of four grams to 200 grams of cocaine is a second-degree felony which carries a minimum penalty of 2 years in prison and a maximum of 20 years and a fine up to $10,000.
  • 200 to 400 Grams of Cocaine: Possession of 200 to 400 grams of cocaine is a first-degree felony that carries a minimum of 5 years and a maximum of 99 years in prison and a fine up to $10,000.
  • More than 400 Grams of Cocaine: Possession of more than four grams of cocaine is considered an enhanced first-degree felony that carries a minimum penalty of 10 years in prison and a maximum of 99 years or life in prison and a fine up to $10,000.

Possession of Cocaine with the intent to sell or distribute is also a felony in Texas and will be taken very seriously by the prosecution. Factors that prosecutors often consider when deciding to charge the defendant with the intent to sell or distribute the cocaine may include whether the defendant was or was not in possession of a razor, large amounts of cash or packaging supplies.

There are also collateral consequences for a cocaine conviction such as the suspension of your Texas Driver's License and possible penalties through the Texas Tax Code and the Texas Code of Criminal Procedure. For example, any property "used or intended to be used" in the commission of a drug felony is subject to police seizure.


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Defending You against Cocaine Charges

Many cocaine charges in Austin, Texas result from improper searches or a violation of an individual's constitutional rights. If it is determined that the arresting officers obtained the incriminating evidence by way of an unlawful search, the evidence is inadmissible.

Additionally, another way to defend you against these charges would be to show that you were not in possession of the actual controlled substance. If you can show that the substance in question was mistaken for an illegal substance, the prosecution cannot convict you for illegal possession.

Whether the arrest was made following a routine traffic stop or after the execution of a search warrant, Austin cocaine defense lawyer Kevin Bennett can examine any evidence that is intended to be presented against you to ensure that the evidence was obtained legally.


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Alternatives to Prison Time

For some drug possession charges, you may be eligible for a Travis County diversion program that would allow you to have your felony drug case dismissed and expunged upon successful completion of the program. One common diversion program is the drug courts. These programs are aimed at rehabilitation rather than incarceration.

If you qualify for this program, you may be subject to periodic monitoring by a drug court judge, drug tests, and other methods of supervision. Qualifying for these drug programs will depend on your level of need, circumstances surrounding the drug offense, and any additional information to help determine the defendant’s eligibility.


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More Information on Cocaine Possession

Texas Department of State Health Services- Search this site for information on addiction programs and substance abuse support groups.

DRS- This organization serves as a source for information on rehabilitation centers for individuals battling addiction.

Recovery Resource- This organization offers rehabilitation for those suffering from addiction.


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The Law Office of Kevin Bennett Austin Possession of Cocaine Defense Lawyer

If you have been arrested or charged with possession of cocaine, contact a criminal defense attorney of The Law Office of Kevin Bennett to discuss your options. Kevin Bennett is a skilled Austin defense attorney who can defend your possession charge and may be able to get your case reduced or dismissed based on the circumstances of your arrest.

Call (512) 476-4626 to set up a consultation. The Law Office of Kevin Bennett serves clients in West Campus, North Campus, South Austin, Travis Heights, Hyde Park, and neighboring areas.


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