Denton Drug Possession Attorney

Denton County Drug Possession Lawyer Serving Denton

If you've been charged with drug possession, there's no time to waste in getting legal representation. When facing such accusations, you must defend yourself to protect your rights and freedoms. Doing such requires your going up against a prosecutor who may be intent on punishing you to the fullest extent of the law. With the help of a skilled lawyer, you can effectively fight back against the allegations, and you may be able to avoid incarceration or steep fines.

When your future is at stake, reach out to a team that cares – reach out to Magaña & Van Dyke. Backed by over 20 years of combined experience, our Denton drug crimes attorneys know how to navigate the complex criminal justice system. We are well-versed in the laws concerning your rights, and we will provide honest and straightforward answers to your questions and concerns.

We know that good people can find themselves in the wrong places at the wrong time and end up charged with a crime, which is why we provide legal representation without judgment. We see you as a person, not just a case, and we will make ourselves personally available to you every step of the way. When you turn to us, you will have a sincere advocate on your side, fighting toward an optimal result for you.

At Magaña & Van Dyke, we dedicate ourselves 100% to every case we handle. Schedule your free initial consultation by calling our Denton drug possession attorneys at 940-382-1976 or contacting us online.

What the Prosecution Must Prove in a Drug Possession Case

When the State takes on a drug possession matter, it has the burden to prove that the accused is guilty beyond a reasonable doubt. That means they must submit evidence that shows the defendant's actions meet every element of the offense.

The prosecutor must prove that:

• The substance is an illegal drug
• The defendant knew the substance they had was an illegal drug
• The defendant exercised control over the drug

Thus, it's not enough for the prosecutor to say that the defendant was in a location where drugs were found.

Understanding the State's burden of proof, our Denton drug possession lawyers will scour every detail of your circumstances. We will work tirelessly to build a defense to cast doubt on the prosecution's arguments.

Texas Controlled Substances into Drug Penalty Groups

In Texas, for the purposes of assessing criminal charges and penalties for drug crimes, the State categorizes controlled substances into 6 penalty groups: 1, 1-A, 2, 2-A, 3, and 4. Marijuana is in a category all its own. Drug possession can be charged as either a misdemeanor or felony, with varying classes and degrees of each.

Under Texas Health and Safety Code Chapter 481, the level of charge you can face depends on the amount of the substance and the penalty group it's in:

Penalty Group 1

• Less than 1 gram: State jail felony
• 1 gram or more but less than 4 grams: Third-degree felony
• 4 grams or more but less than 200 grams: Second-degree felony
• 200 grams or more but less than 400 grams: First-degree felony
• 400 grams or more: Imprisonment for 10-99 years or for life and a fine of up to $100,000

Penalty Group 1-A

• Fewer than 20 units: State jail felony
• 20 or more units but fewer than 80 units: Third-degree felony
• 80 or more units but fewer than 4,000 units: Second-degree felony
• 4,000 units or more but fewer than 8,000 units: First-degree felony
• 8,000 units or more: Imprisonment for 15-99 years or for life and a fine of up to $250,000

Penalty Group 2

• Less than 1 gram: State jail felony
• 1 gram or more but less than 4 grams: Third-degree felony
• 4 grams or more but less than 400 grams: Second-degree felony
• 400 grams or more: Imprisonment for 5-99 years or for life and a fine of up to $50,000

Penalty Group 2-A

• 2 ounces or less: Class B misdemeanor
• More than 2 ounces but less than 4 ounces: Class A misdemeanor
• More than 4 ounces but less than 5 pounds: State jail felony
• More than 5 pounds but less than 50 pounds: Third-degree felony
• More than 50 pounds but less than 2,000 pounds: Second-degree felony
• 2,000 pounds or more: Imprisonment for 5-99 years or for life and a fine of up to $50,000

Penalty Group 3

• Less than 28 grams: Class A misdemeanor
• 28 grams or more but less than 200 grams: Third-degree felony
• 200 grams or more but less than 400 grams: Second-degree felony
• 400 grams or more: Imprisonment for 5-99 years or for life and a fine of up to $50,000

Penalty Group 4

• Less than 28 grams: Class B misdemeanor
• 28 grams or more but less than 200 grams: Third-degree felony
• 200 grams or more but less than 400 grams: Second-degree felony
• 400 grams or more: Imprisonment for 5-99 years or for life and a fine of up to $50,000

Marijuana

• 2 ounces or less: Class B misdemeanor
• More than 2 ounces but less than 4 ounces: Class A misdemeanor
• More than 4 ounces but less than 5 pounds: State jail felony
• More than 5 pounds but less than 50 pounds: Third-degree felony
• More than 50 pounds but less than 2,000 pounds: Second-degree felony
• 2,000 pounds or more: Imprisonment for 5-99 years or for life and a fine of up to $50,000

Defenses to Drug Possession Charges in Texas

Depending on the circumstances, specific defenses can be mounted against drug possession accusations. Our knowledgeable Denton drug possession attorneys will review your case from the initial arrest to the charges being filed to build a unique and solid strategy tailored for your specific situation.

One of the first things we evaluate in drug possession cases is how law enforcement officials recovered the substance. Under the Fourth Amendment, all people are protected against unreasonable searches and seizures. This means that police officers cannot just stop a person or look through their property without first having a warrant or a valid reason to believe the person has committed a crime. If they violate this protection, the evidence obtained may be inadmissible in court. If the prosecution is unable to use the evidence, their arguments are weakened, and the case may be dismissed.

Contact Our Denton County Drug Possession Defense Lawyers

At Magaña & Van Dyke, we will fight hard for you. Our Denton drug possession attorneys will put in the necessary time and resources to seek a favorable result on your behalf.

Learn more about your legal options in Denton County by calling our Denton drug possession lawyers at 940-382-1976 or filling out an online contact form. We provide free consultations.