Kingwood Drug Crime Attorney
Defending Clients Who Are Facing Drug Crime Charges in Kingwood, TX
Persons alleged to have committed drug crimes, like possession or manufacture of controlled substances, can face a misdemeanor or felony charge, depending on the Penalty Group and the amount of the drug. Texas harshly penalizes anyone convicted of these offenses, allowing a court to impose years of imprisonment and hefty fines.
A drug crime conviction also has several collateral consequences, such as:
- Making it challenging for a person to get a job
- Find a place to live
- Be eligible for certain federal government benefits
If you have been accused of a controlled substance violation, you can fight the charge and seek to minimize or avoid penalties.
Why Hire Boman Law PLLC
Boman Law PLLC can vigorously defend you. Our Kingwood drug crime attorney is familiar with the criminal justice system from a defense perspective and from the perspective of someone who has been accused of a crime.
Attorney Steve Boman has been arrested five times and is very empathetic to our client’s causes. We know how overwhelming this experience can be, which is why we are prepared to take care of the legalities to pursue the best possible outcome in these cases.
Have you been accused of a drug crime in Texas? Call Boman Law PLLC today at (832) 307-3217 or contact us online to schedule a free consultation with our drug crime lawyer in Kingwood.
How Are Drugs Classified in Texas?
Before examining specific controlled substance-related offenses and their possible penalties, it’s important to discuss the Penalty Groups because this is how drug crimes are presented in the statutes. The Penalty Groups are Texas’s classifications for drugs. There are seven of them, not including marijuana.
Listed from most to least severe, the Penalty Groups and their associated substances are as follows:
- Penalty Group 1:
- Certain opiates
- Certain opium derivatives
- Penalty Group 1-A:
- Lysergic acid diethylamide
- Penalty Group 1-B:
- Fentanyl
- Fentanyl derivatives
- Penalty Group 2:
- Hallucinogenic substances
- Phenylacetone
- Substances with a potential for abuse having a depressant or stimulant effect
- Penalty Group 2-A:
- Substances with cyclohexylphenol
- Cannabinol derivatives
- Penalty Group 3:
- Substances not covered by other groups that can be abused and have a depressant or stimulant effect
- Substances with limited quantities of certain narcotics
- Peyote
- Anabolic steroids
- Penalty Group 4:
- Substances with limited quantities of narcotics that also have nonnarcotic active ingredients
- Substances containing buprenorphine
Is Drug Possession a Felony in Texas?
Drug possession charges range from Class A misdemeanors to first-degree felonies. Possession of some substances will always be a felony, regardless of the amount. Still, others can be charged at either level, depending on whether the individual was alleged to have a lesser or greater quantity of them.
Below are the levels of possession charges based on the type and amount of the drug:
- Class B misdemeanors:
- 2 ounces or less of a Penalty Group 2-A drug or marijuana
- Less than 28 grams of a Penalty Group 4 drug
- Class A misdemeanors:
- 4 ounces or less but more than 2 ounces of a Penalty Group 2-A drug or marijuana
- Less than 28 grams of a Penalty Group 3 drug
- State jail felonies:
- Less than 1 gram of a Penalty Group 1, 1-B, or 2 drug
- Fewer than 20 abuse units of a Penalty Group 1-A drug
- 5 pounds or less but more than 4 ounces of a Penalty Group 2-A drug or marijuana
- Third-degree felonies:
- 1 gram or more but less than 4 grams of a Penalty Group 1, 1-B, or 2 drug
- 20 or more but fewer than 80 abuse units of a Penalty Group 1-A drug
- 50 pounds or less but more than 5 pounds of a Penalty Group 2-A drug or marijuana
- 28 grams or more but less than 200 grams of a Penalty Group 3 or 4 drug
- Second-degree felonies:
- 4 grams or more but less than 200 grams of a Penalty Group 1 or 1-B drug
- 80 or more but less than 4,000 abuse units of a Penalty Group 1-A drug
- 4 grams or more but less than 400 grams of a Penalty Group 2 drug
- 200 grams or more but less than 400 grams of a Penalty Group 3 or 4 drug
- 2,000 pounds or less but more than 50 pounds of marijuana
- First-degree felonies:
- 200 grams or more but less than 400 grams of a Penalty Group 1 or 1-B drug
- 4,000 or more but less than 8,000 abuse units of a Penalty Group 1-A drug
Our Kingwood drug crime attorney knows that a conviction for any controlled substance crime can turn your life around. That is why we will give your case the attention it deserves – whether you have been charged with a misdemeanor or a felony.
Facing charges for possession? Contact our Kingwood drug crime attorney to start discussing your case today.
How Long Is the Jail Term for Drug Possession in Texas?
A drug possession conviction carries the possibility of jail (for misdemeanor charges) or prison (for felony charges).
Potential sentences include:
- Class B misdemeanor:
- Up to 180 days in jail and/or
- Up to $2,000 in fines
- Class A misdemeanor:
- Up to 1 year in jail and/or
- Up to $4,000 in fines
- State jail felony:
- Up to 2 years in state jail and/or
- Up to $10,000 in fines
- Third-degree felony:
- Up to 10 years in prison and/or
- Up to $10,000 in fines
- Second-degree felony:
- Up to 20 years in prison and/or
- Up to $10,000 in fines
- First-degree felony:
- Up to 99 years in prison and/or
- Up to $10,000 in fines
The sanctions listed above represent the maximum penalties a court can impose. Of course, the actual punishments will vary depending on the facts of your case. By intelligently fighting your charge, our drug crime lawyer in Kingwood can pursue an optimal result on your behalf, which could result in reduced or avoided penalties.
Possible Defenses For Drug Crime Charges
Drug crime charges in Texas can be quite severe. Therefore, it is important to understand the possible defenses available when facing these charges. The most common defense against drug crime charges is lack of evidence or knowledge. The prosecution will need to prove that the defendant was aware of their actions, and if they fail to do so, then the charge may be reduced or dismissed altogether. Other potential defenses include an unlawful search and seizure, faulty lab analysis, or unintended or unknowing possession. Our drug crime lawyer in Kingwood can help build a strong case to provide the best possible defense against the charges you are facing.
Contact Our Drug Crimes Lawyer Today
Drug crimes are serious, but charges can still be beat. Discuss your case with our Kingwood drug crime lawyer at Boman Law PLLC to determine your legal options.
Contact Boman Law PLLC today to get started on your defense with our Kingwood drug crimes attorney.
