Intro
Drug Charges in Fort Bend County, Texas
A criminal conviction on drug charges can have serious repercussions for your future. Depending on the seriousness of the charge and the type of drugs involved, you may face a lengthy prison term if found guilty. If you’ve been arrested on drug charges in the Fort Bend County area, you need the help of an experienced criminal defense attorney to protect your rights.
How Are Drug Offenses Defined Under Texas Law?
How Are Drug Offenses Defined Under Texas Law?
The Texas Controlled Substance Act establishes the guidelines for what constitutes a drug offense. Typically, drug offenses fall into the following categories:
- Possession of marijuana
- Possession of a controlled substance
- Delivery of a controlled substance
- Possession of a controlled substance with intent to deliver
- Manufacture of a controlled substance
- Possession of drug paraphernalia
According to Chapter 481 of the Texas Health and Safety Code, the following drugs are classified as controlled substances:
- Cocaine
- Heroin
- Methamphetamine
- GHB
- Ketamine
- Oxycodone and Hydrocodone
- LSD
- Ecstasy (MMDA
- PCP and mescaline
- Valium, Xanax and Ritalin
Possession of drug paraphernalia is defined as having:
Any item that can be used as a drug processing, packaging, or consumption mechanism, including scales, spoons, bowls, envelopes, pipes and bongs.
You can also be charged for distribution or possession with intent to distribute drug paraphernalia.
What Are the Penalties for Drug Crimes in Texas?
What Are the Penalties for Drug Crimes in Texas?
Drug offenses may be charged as felonies or misdemeanors under Texas law.
The penalty for a drug offense depends on the type and amount of drugs involved and whether you have any prior drug convictions.
Typically, if you’re found in possession of any of the controlled substances listed above, you will be charged with a felony drug offense. Marijuana possession is typically treated as a Class A or Class B misdemeanor, unless you’re found with a significant amount of the drug in your possession.
Penalties for Possession of Cocaine, Heroin, Methamphetamine, GHB, Ketamine, Oxycodone and Hydrocodone
Weight | Sentence | Fine |
Less than one gram | State jail felony 180 days to 2 years in a state jail | $10,000 |
1 to 4 grams | Third-degree felony 2 to 10 years in a state prison | $10,000 |
4 to 200 grams | Second-degree felony 2 to 20 years in a state prison | $10,000 |
200 to 400 grams | First-degree felony 5 to 99 years in a state prison | $10,000 |
400 grams or more | Enhanced first-degree felony 10 to 99 years in prison | up to $100,000 |
Penalties for Possession of Marijuana
Weight | Sentence | Fine |
Less than 2 ounces | Class B misdemeanor 180 days in county jail | $2,000 |
2 to 4 ounces | Class A misdemeanor 1 year in county jail | $4,000 |
4 ounces to 5 pounds | State jail felony 180 days to 2 years in state jail | $10,000 |
5 to 50 pounds | Third degree felony 2 to 10 years in state prison | $10,000 |
50 to 2,000 pounds | Second degree felony 2 to 20 years in state prison | $10,000 |
More than 2,000 pounds | First degree felony 5 to 99 years in state prison | up to $100,000 |
It’s important to note that charges may be enhanced if you have a previous criminal record for drug offenses. For example, if you have two or more prior convictions for marijuana possession, a subsequent arrest may lead to a state jail felony charge.
What Are the Additional Consequences of a Drug Conviction?
What Are the Additional Consequences of a Drug Conviction?
In addition to fines and incarceration, you may also face additional penalties if convicted of a drug offense in Texas. These may include suspension of your driver’s license, mandatory drug treatment, tax penalties and seizure of your personal property. Beyond civil and criminal penalties, you may also find it difficult to find employment, gain entry into institutions of higher learning or secure student loan funding, grants and scholarships.
What Should I Do if I’m Arrested on Drug Charges in the Fort Bend County area?
What Should I Do if I’m Arrested on Drug Charges in the Fort Bend County area?
An arrest for a drug offense should never be taken lightly. If you’re facing charges for possession, manufacture or distribution of drugs, you need to contact an experienced criminal defense attorney right away. The law office of Lee D. Cox specializes in handling drug cases on behalf of defendants in the Fort Bend County area.
Lee is committed to protecting your rights and he is experienced in mounting an aggressive defense on behalf of individuals charged with drug offenses. If you’re a first-time or juvenile offender, Lee D. Coxwill work hard to help reduce or eliminate the charges against you or negotiate a lesser sentence. He may also be able to help you avoid incurring a criminal record by negotiating your entry into a diversion program.
If you or your child has been charged with a drug offense in Fort Bend County, you need to call Lee D. Cox today to get the experienced legal representation you deserve. Don’t let a drug conviction ruin your life or the life of someone you love. Call 281-762-7345 today for your free initial case evaluation.
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20+ Years of Experience in Criminal Defense
I began my career with the District Attorney's office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.