Misdemeanor vs Felony drug charge Classification in Austin, Texas

Austin, TX Attorney, Kevin Bennett, explains that the quantity and class of drug found, will dictate whether the offense is classified as a misdemeanor or a felony. He also mentions that if ‘intent to distribute’ can be supported in your case, higher classification can be expected.

Call The Law Office of Kevin Bennett at: (512) 476-4626 https://www.kevinbennettlaw.com/

Transcription below:

“Whether a drug offense is classified as a misdemeanor or a felony, is going to depend; not only on what substance it is, but also on the amount of the substance. Another factor that could determine how a case is bumped from a misdemeanor to a felony is whether there’s any allegations of selling or distribution. When defending a drug cases, one of the first things you’re going to want to do is verify that the substance that your client is charged with, that that is actually an illegal substance, and not just rely on the police officer or the prosecutor’s word. That’s something that we can have independently tested at a lab. And typically, what we will look for is not only the quantity; or the amount of drugs, but how were the drugs packaged? Were they packed for individual sale? Are there scales? Are there other paraphernalia present that would be indicative of somebody distributing? Another thing that law enforcement will look for is cash. If there are large amounts of cash, particularly stored or nearby the drugs; that’s another indicator that they will look for, that my client has been selling or distributing drugs.”