When a drug possession crime is classified as a felony offense, it immediately makes a case far more dangerous for the alleged offender. Prosecutors in many cases argue that felony offenses represent dangers to the community requiring prison sentences.
Drugs are classified into Penalty Groups in Texas, and the Penalty Group a drug falls under is an important factor in determining when possession becomes a felony offense. Some drugs are classified as felonies for possession of even minor amounts but other drugs might require very sizable amounts to result in felony charges.
Felony Drug Possession Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
If you or your loved one were arrested for any kind of felony drug possession offense in the greater Denton area, you will want to make sure that you have a skilled lawyer by your side in court. The Law Offices of Richard C. McConathy will fight to help you achieve the most favorable possible outcome.
Our firm can present an aggressive legal defense to protect your rights. Call (940) 222-8004 or contact us online to schedule a free consultation.
Texas Drug Penalty Groups
The Texas Controlled Substances Act places drugs into the following penalty groups:
- Penalty Group 1, Texas Health and Safety Code § 481.112 — Oxycodone, Methamphetamine, Heroin, Hydrocodone, Cocaine, Gamma-Hydroxybutyric Acid [GHB], and other opiates
- Penalty Group 1-A, Texas Health and Safety Code § 481.1121 — Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds
- Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113 — Amphetamine, 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Psilocybin [mushrooms], Methaqualone, and other hallucinogens
- Penalty Group 3 or 4, Texas Health and Safety Code § 481.114 — Halazepam, Zolpidem, Ketazolam, Alprazolam, Lorazepam, Tetrazepam, Flurazepam, Clonazepam, Lysergic acid, including its salts, isomers, and salts of isomers, Secobarbital, Fludiazepam, Clorazepate, Medazepam, Diazepam, and Pentobarbital.
Felony Drug Possession Penalties in Denton County
Possession of less than 1 gram of a controlled substance in Penalty Group 1 or 2, possession with intent to deliver less than 1 gram of a controlled substance in Penalty Group 1 or 2, and possession with intent to deliver less than 28 grams of a controlled substance in Penalty Group 3 or 4 is a state jail felony. A conviction is punishable by a fine of up to $10,000 and/or up to two years in state jail.
Possession of 1-4 grams of a controlled substance in Penalty Group 1 or 2 or possession of 28-200 grams of a controlled substance in Penalty Group 3 or 4 is a third-degree felony. A conviction is punishable by a fine of up to $10,000 and/or up-to 10 years in prison.
Possession of 4-200 grams of a controlled substance in Penalty Group 1, possession of 4-400 grams of a controlled substance in Penalty Group 2, possession of 200-400 grams of a controlled substance in Penalty Group 3 or 4, possession with intent to deliver 1-4 grams of a controlled substance in Penalty Group 1 or 2, or possession with intent to deliver 28-200 grams of a controlled substance in Penalty Group 3 or 4 is a second-degree felony. A conviction is punishable by a fine of up to $10,000 and/or up-to 20 years in prison.
Possession of 200-400 grams of a controlled substance in Penalty Group 1, possession with intent to deliver 4-200 grams of a controlled substance in Penalty Group 1, possession with intent to deliver 4-400 grams of a controlled substance in Penalty Group 2, possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 3 or 4 is a first-degree felony. A conviction is punishable by a fine of up to $10,000 and/or up-to 99 years or life in prison.
Possession of 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, possession of 400 grams or more of a controlled substance in Penalty Group 1, possession with intent to deliver 200-400 grams of a controlled substance in Penalty Group 1, possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, and possession with intent to deliver 400 grams or more of a controlled substance in Penalty Group 1 are enhanced first-degree felony offenses that can involve possible mandatory minimum prison sentences of 10 to 15 years.
Felony Drug Possession Defenses in Denton
It is possible for a person to be charged with a felony drug offense when the amount of drugs involved actually constituted a misdemeanor. In some cases, the person charged with drug possession was not the actual owner of the drugs.
Another common issue in many drug cases concerns how drugs were found. Illegal searches by police officers will make all evidence seized inadmissible in court.
Denton Felony Drug Possession Resources
Reclassified: State Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances — The Urban Institute is a Washington D.C.-based think tank that carries out economic and social policy research to “open minds, shape decisions, and offer solutions.” Learn more about the policy details of reclassification and the potential impact of recent drug law reforms in this October 2018 brief. The report notes that felony convictions “impose a particularly heavy burden on communities of color.”
Texas Controlled Substances Act — View the full text of the state law governing drug offenses in Texas. You can view the complete list of drugs classified under all penalty groups. Information about the specific possession offenses can also be found here.
Find A Denton County Defense Attorney for Felony Drug Possession Charges | Law Office of Richard C. McConathy
Were you or your loved one arrested for alleged felony drug possession in Denton or another location in Denton County? Try not to say anything to authorities until you have legal representation.
Make sure you contact the Law Offices of Richard C. McConathy as soon as possible. We can examine your case when you call (940) 222-8004 or contact us online to receive a free consultation.