Felony Drug Possession
Fort Worth Felony Drug Possession Lawyer | Richard C. McConathy

Felony Drug Possession

Minor drug possession crimes in Texas are usually classified as misdemeanors. Possession of certain amounts of certain kinds of drugs, however, can be a felony offense.

A felony drug charge is immediately more consequential than a misdemeanor in several ways. The most immediate concern in most cases is the dramatically increased nature of the possible penalties if an alleged offender is convicted, as prison sentences are much longer and fines are far bigger.

Felony Drup

Fort Worth Felony Drug Possession Attorney

If you or your loved one were arrested for an alleged felony drug possession crime in Fort Worth, you are going to want to be sure that you have dedicated legal representation. The Law Offices of Richard C. McConathy will be by your side from start to finish and can fight to help you achieve the most desirable outcome to your case.

Our firm will work tirelessly to provide an aggressive legal defense. We can help you understand all of your legal options as soon as you call (817) 422-5350 or contact us online to receive a free consultation.

Texas Drug Penalty Groups

The Drug Penalty Group that controlled substances are classified under in the Texas Controlled Substances Act is a major determining factor in many drug possession cases. State law in Texas involves the following penalty groups:

  • Penalty Group 1, Texas Health and Safety Code § 481.112 — Methamphetamine, Hydrocodone, Gamma-Hydroxybutyric Acid [GHB], Cocaine, Heroin, Oxycodone, and other opiates
  • Penalty Group 1-A, Texas Health and Safety Code § 481.1121 — Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds
  • Penalty Group 2 or 2-A, Texas Health and Safety Code § 481.113 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Methaqualone, Psilocybin [mushrooms], Amphetamine, and other hallucinogens
  • Penalty Group 3 or 4, Texas Health and Safety Code § 481.114 — Zolpidem, Alprazolam, Tetrazepam, Clonazepam, Secobarbital, Clorazepate, Pentobarbital, Diazepam, Medazepam, Fludiazepam, Lysergic acid, including its salts, isomers, and salts of isomers, Flurazepam, Lorazepam, Ketazolam, and Halazepam

Felony Drug Possession Penalties in Tarrant County

Different drug crime will be classified as different degrees of felonies. The Penalty Group is one major factor, and the amount possessed is the other important factor.

It is a state jail felony for a person to possess less than 1 gram of a controlled substance in Penalty Group 1 or 2, possess with intent to deliver less than 1 gram of a controlled substance in Penalty Group 1 or 2, or possess with intent to deliver less than 28 grams of a controlled substance in Penalty Group 3 or 4. Convictions are punishable by fines of up to $10,000 and/or up to two years in state jail.

It is a third-degree felony for a person to possess 1-4 grams of a controlled substance in Penalty Group 1 or 2 or possess 28-200 grams of a controlled substance in Penalty Group 3 or 4. Convictions are punishable by fines of up to $10,000 and/or up to 10 years in prison.

It is a second-degree felony for a person to possess 4-200 grams of a controlled substance in Penalty Group 1, possess 4-400 grams of a controlled substance in Penalty Group 2, possess 200-400 grams of a controlled substance in Penalty Group 3 or 4, possess with intent to deliver 1-4 grams of a controlled substance in Penalty Group 1 or 2, or possess with intent to deliver 28-200 grams of a controlled substance in Penalty Group 3 or 4. Convictions are punishable by fines of up to $10,000 and/or up to 20 years in prison.

It is a first-degree felony for a person to possess 200-400 grams of a controlled substance in Penalty Group 1, possess with intent to deliver 4-200 grams of a controlled substance in Penalty Group 1, possess with intent to deliver 4-400 grams of a controlled substance in Penalty Group 2, or possess with intent to deliver 200-400 grams of a controlled substance in Penalty Group 3 or 4. Convictions are punishable by fines of up to $10,000 and/or up to 99 years or life in prison.

It is also an enhanced first-degree felony for a person to possess 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, possess 400 grams or more of a controlled substance in Penalty Group 1, possess with intent to deliver 200-400 grams of a controlled substance in Penalty Group 1, possess with intent to deliver 400 grams or more of a controlled substance in Penalty Group 2, 3, or 4, or possess with intent to deliver 400 grams or more of a controlled substance in Penalty Group 1. Convictions involve mandatory minimum prison sentences of 10 to 15 years.

Felony Drug Possession Defenses in Fort Worth

Drug crimes often become felony offenses because of the amounts involved, but it is possible for some people to be charged with a felony when the actual amount constituted a misdemeanor. This can frequently result in an important reduction in the criminal charges.

If drugs were seized through an illegal search of a person, their home, or their vehicle, then the evidence might be suppressed in court. The criminal charges will have to be thrown out.

Fort Worth Felony Drug Possession Resources

Reclassified: State Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances — A Washington D.C.-based think tank, the Urban Institute carries out economic and social policy research to "open minds, shape decisions, and offer solutions." In this October 2018 brief, you can learn more about the policy details of reclassification and the potential impact of recent drug law reforms. According to the report, felony convictions “impose a particularly heavy burden on communities of color.”

Texas Controlled Substances Act — This is the complete text of the Texas state law governing drug offenses. View the entire list of drugs classified under all penalty groups. Also find information about other specific possession offenses.

Law Offices of Richard C. McConathy | Fort Worth Felony Drug Possession Lawyer

Were you or your loved one arrested for alleged felony drug possession in Fort Worth or a surrounding community in Tarrant County? Make sure that you retain legal counsel right away.

The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Call (817) 422-5350 or contact us online to schedule a free consultation.

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