Possession of a Controlled Substance
Reliable Defense in Collin County
Possession of a controlled substance is a drug crime. Depending on the amount of a particular drug in your possession, you may be subject to a misdemeanor or a felony charge. Individuals with high quantities of dangerous narcotics will be severely prosecuted, whereas those with small quantities of less dangerous drugs such as marijuana may be charged with misdemeanors.
Quantities & Penalties
When a person has less than 4 ounces of a drug in his or her possession, the crime is typically considered a misdemeanor offense. More than 1 gram of an illegal substance such as marijuana can result in a third-degree felony charge. Higher amounts of drugs lead to more severe felony charges
If a person is convicted, the court will determine a penalty for possession based on circumstances such as:
- Past convictions
- How the drug was concealed
- Possession of the drug with paraphernalia
- Drugs found with large amounts of money
- The intent of the possession
- The type of drug in possession
Some of the penalties for drug possession include jail time, probation, fines, and driver’s license suspension up to six months. If you want to fight these potential penalties, you need to contact me right away for assistance.
Penalty Groups for Drug Possession
- Penalty Group 1
- This group includes cocaine, heroin and methamphetamine.
- Penalty Group 1 offenses come with a mandatory penalty of 2 years in jail and a $10,000 fine. Possession of 400 grams or more of any of these substances could result in a lifetime prison sentence upon conviction.
- LSD and hallucinogens like LSD are in Penalty Group 1A and can be penalized with a sentence of 2 years to life and a $250,000 fine upon conviction.
- Penalty Group 2
- This group includes ecstasy, PCP, hashish, cannabis with THC, and Mescaline.
- Carrying less than 1 gram of these substances can lead to a 2-year jail sentence upon conviction.
- Possession of more than 400 grams of these substances can lead to life imprisonment and fines of up to $50,000 upon conviction.
- Penalty Groups 3 and 4
- These groups include Valium, Ritalin, chemical compounds, and prescription drugs.
- Possession can result in 1 year in jail and fines of up to $4,000, but maximum sentences upon conviction can include up to 20 years of incarceration.
Search & Seizure Laws
If the police discover narcotics in your possession through illegal search and seizure tactics or search and seizure without a proper warrant, then you may be able to use such misconduct as an effective defense in your case. You can argue that your constitutional rights were violated by the nature of the search.
I am passionate about helping those in Collin County with charges from drug possession crimes. If you need assistance with your case, don’t hesitate to call me today at the Law Office of Wesley W. Desmond.