If you’ve been arrested for drug possession, whether on a Texas or federal charge for cocaine, it’s essential to understand the details surrounding your case—especially if additional charges, like evading arrest, are involved.
Our law firm’s experienced Houston drug crime defense lawyers are here to help build a strong defense and guide you through each step.
To start, we’ll provide you with these six facts about a cocaine charge in Texas.
Fact #1: Cocaine possession is serious.
First, you should know that being charged with possession of cocaine, a controlled substance, is a serious matter in Texas due to the strict Texas Health and Safety Code. In fact, you could go to prison for life, depending on the circumstances of your case, and having even a small amount of cocaine can lead to severe punishments. You also may face federal charges for the same crime.
Fact #2: Possessing cocaine means an immediate felony charge in Texas.
Texas law, which provides “penalty groups” for drugs, considers cocaine a “Penalty Group 1” drug that is worthy of the strictest punishments for possessing or distributing.
Fact #3: The more cocaine you possess, the more time you may spend in jail.
For having under 4 grams of cocaine — a third degree felony — the sentencing range is up to 10 years in prison. But even that can come with a possible $10,000 fine. And possessing from four to 200 grams of cocaine — a second degree felony — can bring a 20-year prison sentence, while possessing more than 200 grams — a first degree felony — can mean up to 99 years in jail and a $100,000 fine.
Fact #4: If your cocaine possession showed an intent to deliver, or sell, the drug, your penalties can be even worse.
Even if you have empty “baggies,” that may be construed as showing an intent to distribute or deliver the drug.
Fact #5: A first offense can involve no jail time.
If your cocaine arrest was your first such arrest and you had a small amount of the drug, you might be able to enroll in a “diversion program” instead of going to jail. A knowledgeable drug possession defense attorney for Houston, Harris County, Fort Bend County or Montgomery County may be able to negotiate with the state that your charge be dropped in favor of participating in a diversion program, which may involve education about the dangers of drugs.
Fact #6: Convictions on cocaine charges can lead to the loss of certain rights and privileges.
Any felony conviction can restrict your right to serve in the military or purchase and own firearms. But a cocaine conviction can also result in the suspension of your driver’s license. This can last for at least 180 days, and you also may be required to participate in a drug education course before your license is reinstated.
As you can see, cocaine possession is a serious crime with serious consequences, in part because so many cocaine users also commit other crimes to pay for their costly drug use. Cocaine crimes are also prevalent in Texas, with nearly 30,000 persons arrested in Texas for manufacturing or possessing cocaine in a recent year.
If you face a cocaine possession charge and Texas’ harsh drug offense penalties, don’t delay in contacting us to get the expert legal help you need to possibly reduce your charge and your punishment. Indeed, our law firm has helped many clients get their drug crime charge reduced or even dropped before trial, and we can defend you at trial if needed.
Now that you know your facts about cocaine possession, you know where to turn.
