Drug charges can completely derail lives, even for first-time and non-violent offenses. Whether you were charged with possession, distribution, or trafficking, Texas penal codes impose stiff penalties across drug crime categories. However, teaming up with experienced drug crime lawyers in Austin ensures that you can navigate complex laws and procedures with your rights protected.
The objective of a successful Austin criminal defense lawyer is to challenge questionable evidence, reduce charges, and mitigate devastating outcomes. Let the law offices of Randall B. Isenberg preserve your future with tailored defense strategies and aggressive legal support.
An allegation or a charge doesn’t have to be permanent. Learn how our Austin law firm wins drug crime cases and supports our clientele.
Criminal Drug Offenses in Austin Explained
Drug crimes encompass a range of offenses related to controlled substances. These offenses are regulated by both state and federal laws, and being convicted of a drug crime can lead to severe consequences. Our drug possession lawyers in Austin have successfully managed the following drug crime cases:
Drug Possession
Possession of controlled substances without a valid prescription is illegal. The severity of the offense is determined by the type and quantity of the drug in possession. Drug possession charges can be classified as misdemeanors or felonies, depending on various factors such as the drug schedule, prior convictions, and intent to distribute.
Drug Trafficking and Distribution
Drug trafficking involves the sale, transportation, or distribution of controlled substances. Engaging in drug trafficking activities, such as manufacturing or delivering drugs, is considered a serious offense in which the penalties for drug trafficking may include lengthy prison sentences and substantial fines.
Drug Manufacturing
Manufacturing illegal drugs, such as methamphetamine or LSD, is a significant drug crime.
Operating a clandestine laboratory or participating in the production process can result in severe legal consequences.
Prescription Drug Fraud
Illegally obtaining or distributing prescription drugs can include forging prescriptions, doctor shopping, or selling prescription drugs for non-medical purposes.
Drug Paraphernalia
Possessing, manufacturing, or selling drug paraphernalia, such as bongs, pipes, or syringes, is considered a drug crime in Austin, TX.
Ask a Lawyer for Free: Commonly Asked Texas Drug Crime Questions
When it comes to navigating the complex landscape of Texas drug crime laws, having accurate information and reliable guidance is crucial. To help address some of the common questions and concerns individuals may have, here are a few top questions that have been asked in our free consultation sessions:
Is Drug Possession a Felony or Misdemeanor Offense in Austin?
According to Texas Health and Safety Code Chapter 481, possession of controlled substances like cocaine, heroin and methamphetamine is punished as a felony based on quantity. Under a gram is a state jail felony (180 days to two years prison).
Higher amounts can constitute third-degree (two to 10 years) or second-degree (two to 20 years) felonies. Marijuana possession over two oz becomes a state jail felony too. Penalties escalate further for drug-free zones or previous convictions. Some first-time offenses may qualify for pretrial diversion programs.
What Are the Potential Penalties for Drug Trafficking?
Texas designates unauthorized manufacture or delivery of dangerous controlled substances like heroin and cocaine as first-degree felonies punishable by up to life in prison – even for first offenses.
Trafficking marijuana in excess of 2,000 lbs is punishable by 10 years to life. Distribution of smaller drug amounts is classified as a second or third-degree felony based on weight. Trafficking within Drug-Free Zones adds harsh minimum sentences. Large fines up to $250,000 also accompany felony distribution convictions.
Can I Be Charged With a Drug Crime if the Drugs Were Not Physically Found on Me?
Yes, you can face drug charges based on “constructive possession” established by evidence of proximity, knowledge, and intent to control narcotics.
For example, drugs found in your residence or vehicle may implicate possession, even if you weren’t holding them when discovered. However, constructive possession involves legal nuances an experienced lawyer can leverage to contest unwarranted assumptions.
Why Challenging Your Drug Test Results Benefits You
Drug testing procedures are prone to flaws allowing results challenges. Contamination, improper storage, equipment failures and human errors among toxicology analysts have led to false positives. An accredited lab’s deviations from scientific protocols or a technician’s questionable credentials also enable challenging validity.
Further, bodily factors like metabolism rates and enzyme levels can distort assumed intoxication levels. Thoroughly contesting the accuracy of drug test evidence requires experienced legal and scientific experts. If you were tested, let our Austin drug crime lawyer play it to your advantage.
Difference Between State vs. Federal Drug Charges
In Texas, federal jurisdiction applies automatic harsh minimum sentencing for trafficking amounts of drugs like 500 grams of cocaine or 100 grams of heroin per 21 USC 841. Federal drug cases invoke lengthy mandatory minimums like five years for five grams of meth or 500 grams of powder cocaine. Unlike state courts, federal judges cannot override imposed minimums at their discretion.
Why Legal Representation Is Essential
Navigating Texas’ complex multi-tiered drug crime laws demands legal experience. The Austin drug crime attorneys of Randall B. Isenberg Law Firm advocates for pretrial diversions when appropriate, negotiate plea deals minimizing sentencing, and craft strong trial defenses to protect futures.
Our extensive knowledge challenges exaggerated charges, faulty police work, questionable evidence and constitutional violations. For the best chance at a just outcome, reputable legal counsel from our firm is critical, and begins with a free initial consultation. Contact us today.
