Drug possession is a serious crime in Texas, and it makes up a large percentage of criminal arrests. Indeed, Texas has some of the strictest laws when it comes to controlled substances and drug possession. According to a report from the Bureau of Justice Statistics, drug-related crimes account for about 25 percent of all local jail inmates and about 25 percent of state prisoners. It’s important to understand the severity of a drug possession offense, but it’s also essential to understand your rights if you have been arrested.
Do not hesitate to contact an experienced McKinney drug possession attorney. One of the dedicated advocates at Rosenthal Kalabus & Therrian can discuss your case with you today.
Understanding Drug Possession Charges
What do you need to know about drug possession penalties in McKinney, Texas? First, it’s important to understand that different drugs fall into different penalty groups. Then, once you determine the penalty group for the drug possession charge, the amount of the drug will also play a role in determining the severity of the charge. In general, the penalty for the crime will depend on numerous factors, including but not limited to:
- Type of drug in possession;
- Amount of drug in possession;
- Presence of drug paraphernalia; and
- Past convictions on your record.
Penalties for Drug Possession in Texas
When it comes to the type of drug, the following categories represent the different drug possession penalty groups in Texas:
- Marijuana: in our state, marijuana has its own penalty group. This includes paraphernalia such as a marijuana vape, pipe or bong containing resign.
- Penalty group 1: drugs in penalty group 1 include but are not limited to heroin, cocaine, methamphetamine, and Oxycodone.
- Penalty group 1a: this penalty group is specific to LSD.
- Penalty group 2: drugs in this penalty group include ecstasy, PCP, and mescaline.
- Penalty group 3: this penalty group contains many prescription drugs such as Xanax, valium, and Ritalin.
- Penalty group 4: drugs such as morphine and opioids are classified in penalty group 4.
Different penalty groups come with different offenses, but the amount of the drug in question is a significant factor in determining the classification of your crime. Understanding that charges vary depending on the amount of the controlled substance in your possession, drug possession charges can include all of the following:
- Class B misdemeanor;
- Class A misdemeanor;
- 3rd degree felony offense;
- 2nd degree felony offense; and
- 1st degree felony offense.
The more of the controlled substance alleged to have been in your possession, the more serious the classification of the crime. In addition to the amount, aggravating factors can also increase the severity of the penalty. While aggravating factors can increase a drug possession penalty, an experienced Texas drug crime lawyer can also help you to understand the possible defenses to drug possession charges in our state.
McKinney Drug Possession Attorneys
Learning that you’ve been charged with drug possession in Texas can be an anxiety-inducing experience. Given the severity of many drug possession charges in our state, you could find yourself charged with a 1st degree felony. While the laws surrounding drug possession are complex, an experienced McKinney drug crime lawyer at Rosenthal Kalabus & Therrian, can assist you with your case.
Our team understands the seriousness of a drug possession charge, and we bring years of experience and dedication to each case we handle. Contact us at (972) 369-0577 to discuss your case.