Drug Crime Defense
Drug Crime Defense Attorney in Austin, TX
Texas drug crimes can carry harsh penalties. If you have been charged with a drug crime, it is vital to hire a skilled drug crime defense attorney as soon as possible. Skilled Central Texas lawyer Jason Katims has the experience to resolve your case in the best possible way. Call us today at 512-900-9769 to schedule your initial consultation.
Call us today at 512-900-9769 to schedule your initial consultation.
The most common drug crimes involve possession. As the name implies, you can be charged with possession if you have an illicit drug, including a prescription medication that was not prescribed to you. All drugs are separated into four categories, each with its own sentencing guidelines. Within each category, the more of the drug you have, the higher the maximum penalties.
Penalty Group I (PG-1): These substances are said to have a high potential for abuse, such as cocaine, heroin, ketamine, and methamphetamine. Possession of less than one gram carries jail time of six months to two years and a fine of up to $10,000, while possession of very large quantities could bring life imprisonment and a fine of up to $100,000. Note that LSD falls into this group as Penalty Group IA, with possession amounts based on units rather than grams and a maximum fine of $250,000. MDMA is also frequently charged in this group as methamphetamine.
Penalty Group II (PG-2): These substances include non-LSD hallucinogens, such as mushrooms, and PCP, as well as certain high-risk drugs such Quaaludes. They carry similar penalties to PG-1 drugs, with a maximum fine of $50,000. Penalty Group IIA includes synthetics designed to mimic cannabinoids, with possession amounts measured in ounces instead of grams.
Penalty Group III (PG-3): These are primarily common controlled medications in the United States, such as anabolic steroids, Valium, Ritalin, and codeine-containing products. Peyote also falls into this group. Possession of less than 28 grams is a Class A misdemeanor, while higher quantities fall into escalating levels of felony.
Penalty Group IV (PG-4): This group consists of medications containing small amounts of controlled substances, such as cough syrup with codeine. Possession of less than 28 grams is a Class B misdemeanor, while higher quantities fall into escalating levels of felony.
First-Time Marijuana Possession
Marijuana remains illegal on the federal and state levels. However, some counties in Texas, including Travis County, have slightly more lenient policies. That being said, police can still arrest people in these places for marijuana possession and use the marijuana arrest to conduct searches on vehicles and homes. Otherwise, possession of up to two ounces is a Class B misdemeanor, two to four ounces is a Class A misdemeanor, and higher amounts bring escalating levels of felony charges.
Drugs and DWI Charges
You may be charged with DWI if you drive while under the influence of drugs in Texas. You will be subject to the same sentencing guidelines as those who drive drunk, in addition to the penalties for possession of the drug in question.
How We Can Help
Texas takes drug crimes very seriously, and you should expect to face consequences if you are convicted. However, a skilled drug crime defense attorney can help reduce penalties. We know how to negotiate a plea deal, mount a defense, and recommend reasonable sentencing if you are found guilty. Depending on the circumstances, we may even be able to get some charges dropped.
About Jason Katims, Attorney at Law
Born and raised in Texas, Jason Katims is committed to personal freedom.
In 2018, he was recognized by the American Institute of Legal Advocates as a Rising Star in the field of Criminal Law, and by the Association of American Trial Lawyers as one of the Top 40 Under 40. In 2017, the American Institute of Criminal Law Attorneys recognized him as one of the 10 Best Attorneys in Texas.
Frequently Asked Questions
What is a felony drug charge in Texas?
There are a few factors at play in determining whether a drug charge is a felony or a misdemeanor. The type of drug and the quantity are most important, followed by how the drug was concealed, whether additional drug paraphernalia was found, and if you have previous convictions. Texas has some of the strictest drug laws in the nation, with penalties for possession up to life or 99 years in prison and/or a fine of up to $250,000.
What is considered a dangerous drug in Texas?
In Texas, you may be charged with possession of a dangerous drug. Dangerous drugs are drugs that are legally prescribed by doctors; to be charged with this crime, the state must be able to prove that you were in possession of the drug without a prescription, you were distributing the drug illegally to others, or you intended to distribute the drug. If you are convicted, your driver’s license will be suspended for 180 days and you may also face fines and potential jail time.
What are the penalties for selling marijuana in Texas?
Selling under one-quarter ounce of marijuana is considered a Class A or Class B misdemeanor. Up to five pounds is a state jail felony; five to 50 pounds is a 2nd degree felony, and 50 to 2000 pounds is a 1st degree felony. If you are caught with over 2000 pounds of marijuana to sell, the maximum penalty is life or 10-99 years in a Texas Department of Criminal Justice facility and/or a fine of $100,000.
Is medical marijuana legal in Texas?
Texas does allow doctors to prescribe medical marijuana, but the Compassionate Use Act is more restrictive than medical marijuana laws in many other states. Only patients with multiple sclerosis, ALS, terminal cancer, Parkinson’s disease, autism, and certain seizure disorders may use medical marijuana, and cannabis products offered at dispensaries contain low levels of THC, and are only available in oil and inhaler forms. Raw herb and other cannabis preparations are still illegal under this law and cultivation is not permitted.
Can I go to rehab instead of jail?
With a skilled criminal defense attorney, it’s possible that you may be able to go to a rehabilitation facility in lieu of jail time, particularly in the case of first or minor offenses.