Have you been charged with the possession of marijuana in the state of Texas? If so, you could be facing significant jail or prison time along with hefty fines. According to Texas Penal Code Ann. § 49.04, a person can be charged with a DWI if the use of marijuana has impacted their normal mental or physical ability to operate their vehicle.

Criminal charges of marijuana possession are very much a big deal in Texas. If you live in or around the Austin area, an experienced DWI marijuana lawyer may be able to help you avoid incarceration and save your reputation from being ruined.

An Overview of a DWI for Marijuana

In Texas, “intoxication” refers to alcohol, drugs, controlled substances, and any substance that negatively affects your ability to drive.

If you operate a vehicle under the influence of any substance that affects your driving ability, you are driving while intoxicated (DWI). 

Penalties and Fines for DWI

Some penalties for those charged with a DWI for marijuana are:

• 1st-time offenders may be fined up to $2,000 and face a jail sentence from 3 days to 6 months.
• 2nd -time offenders could be fined up to $4,000 and go to jail from 5 days to a year. You could also lose your license for up to 2 years. 
• 3rd-time offender could be fined as much as $10,000. Your jail time may be from 2 to 10 years. Your driver’s license could be taken away for up to 2 years, as well.
• If you have an open container in your car, your offense would go from a Class B to a Class A misdemeanor, along with jail time.

A DWI conviction while driving with a child under 14 is a felony. You would have to pay a fine as high as $10,000 and lose your license for up to two years.

What Are the Fines and Jail Time for Possession of Marijuana in Texas?

If you are accused of possessing up to two ounces of marijuana, you could be forced to pay a $2000 fine. In the state of Texas, you also could face a 180-day jail sentence.

If you are convicted of possessing higher amounts of marijuana, the charges are even steeper. Below is a list of the jail sentences and fines you could be facing for marijuana possession in Texas:

• Possession of two ounces or less of marijuana is classified as a Class B misdemeanor. The likely penalty is jail time along with a fine.
• If you are convicted of possessing two to four ounces, that is considered a Class A misdemeanor. A conviction can result in a fine and a jail sentence.
• Are you charged with possessing four ounces to five pounds? That is classified as a state felony. A conviction may result in time in a state jail along with a hefty fine.
• A conviction for five pounds to fifty pounds of marijuana is classified as a third-degree felony in Texas. The penalty is a prison stay along with a fine.
• Possessing from fifty to 2000 pounds of marijuana in Texas is classified as a second-degree felony. Punishment includes fines and a state prison sentence.
• If you are charged with possessing any amount of marijuana over 2000 pounds, it’s considered a first-degree felony. Penalties include a stiff fine and a lengthy prison sentence. 
• You could serve anywhere from five to ninety-nine years to life imprisonment.

The big takeaway, a conviction of possessing marijuana in the state of Texas will likely result in a jail or prison sentence.

While Texas House legislation has recently passed a bill to reduce criminal charges for possessing less than two ounces of marijuana, the Senate will likely prevent the bill from becoming law.

Are the Penalties Lower for Texas First-Time Marijuana Charges?

Are you accused of possessing two ounces or less marijuana in the state of Texas? If this is the first offense and you have no other criminal record, you may be able to negotiate a dismissal of your charges.

Depending on the circumstances surrounding your case, you may be able to avoid jail time by offering to enter a drug treatment program. Serving community service is another option for some first-time offenders.

If you avoid any other criminal charges while on community service, or for the duration of your drug rehabilitation program, you may be able to get your charges dropped.

Can I Enter a Drug Treatment Center as Part of My Sentence?

Many prosecutors encourage first-time offenders of drug possession charges to enter a drug rehab facility. Prosecutors don’t want people to repeat their mistakes.

Are you an addict? Entering a drug treatment center is not only a way to turn your life around but may help you avoid jail time.

Avoiding a prison sentence and keeping your permanent record clean of criminal charges should be your top goals. Contacting an experienced Austin marijuana law firm may make submitting a plea agreement easier.

Click to contact our DWI Marijuana Lawyers today

(214) 696-9253

Factors that May Increase Your Charges

Some people charged with possession of marijuana in Texas believe that a first offense will result in being left off with a warning or a light form of punishment. In reality, you could be facing severe penalties depending on other factors in your case.

These circumstances can lead to increased charges against you:

• The amount of marijuana you are accused of possession at the time of your arrest
• If the arrest took place near a school or other drug-free area
• Whether there were minors near you at the time of your arrest

Those are just a few examples of factors that could turn a simple first-time offense into a first-degree felony. The law can be very confusing to laypeople. A defense attorney who understands the legal system may be your best option to stay out of jail.

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What Can an Austin DWI Marijuana Lawyer on Our Team Do?

Despite what some think, being arrested in Texas with marijuana on your person, your premises, or your vehicle does not equal an automatic conviction. There may be options, depending on your case.

An Austin law firm familiar with criminal proceedings knows what to investigate in cases like yours. Circumstances surrounding your case might open up several defense avenues. An experienced marijuana criminal defense attorney on our team may investigate:

• Whether you were the victim of an illegal search or seizure
• The possibility of someone planting the drugs on you
• Whether law enforcement personnel used entrapment
• The possibility of someone else owning the marijuana
• Any errors by the crime lab handling your case

Your lawyer can also determine which laws apply to your case, work to get your charges reduced or dismissed, and enter into negotiations with the prosecutor.

What the Law Offices of Randall B. Isenberg Has Done for Previous Clients

Our team fights for the best possible outcome for all of our clients. Take a look at some of our past results:

• DWI deferred to probation
• DWI dismissed
• DWI charges reduced to obstruction of roadway
• Speedy trial for DWI was granted, and the court dismissed the charges
• DWI 2nd reduced to a Class B misdemeanor charged

In addition to achieving justice for you, we also want to make the legal process as painless as possible. Our former clients have expressed their thoughts on their time with us.

“After I decided to go with Randall B. Isenberg, I first thought I’d made a mistake… But it didn’t take me long to discover how hard the attorneys at his law offices were working. No doubt that I’m free today because of them.” – Gerrie J.

“The Isenberg law offices are filled with professionals who take every case and client seriously, as if they’re going up to bat for their own family members. Our family will look only to Isenberg whenever we need a great lawyer.” – Christopher

“Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation… My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney.” – Erick

We’re ready to hear what happened and start developing your defense strategy.

Contact Us for a Free Case Evaluation

The Law Offices of Randall B. Isenberg have decades of experience helping clients just like you. Mr. Isenberg is a former Senior Chief Felony Prosecutor and State District Trial Judge with 30 years of experience. As a current defense lawyer, he understands both sides of the law. That vast understanding gives his entire team an understanding of what to look for to help your case.

Our staff is available 24 hours a day, seven days a week, to conduct a free evaluation of your case. Contact us TODAY by calling (214) 696-9253 to find out what can be done regarding your case. You may also fill out our free evaluation form on our contact page.

Randy Isenberg and his entire team believe everyone accused of a crime should have the opportunity to defend themselves in court. We will work tirelessly to help you obtain the best possible outcome for your case.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

The stakes are high while you’re facing family and domestic violence charges in Austin. If you’re convicted, your life could forever change as you know it, preventing you from spending time with your family, working full-time, and even living in certain areas. However, here’s some good news: you’re innocent until proven guilty, meaning there’s still time to safeguard your future and partner with a lawyer. 

An Austin criminal defense lawyer from the Law Offices of Randall B. Isenberg can help you navigate the legal process during this challenging time. Our firm has extensive experience defending clients from seemingly insurmountable charges, and now, we want to do the same for you. Call now to start a free initial consultation. 

A Domestic Violence Attorney Handles Your Case From Start to Finish

Attorney Randall B. Isenberg, a former senior chief felony prosecutor and state district trial judge, leads our firm in securing justice for our clients––including those facing allegations of family and domestic violence. 

As we prepare your defense against criminal charges, we will:

• Listen to your account of events to learn what happened from your perspective
• Investigate the circumstances of your arrest to determine if law enforcement officials violated your rights
• Examine the charges against you and the evidence the prosecution has in its possession 
• Negotiate a potential plea bargain, minimizing the legal penalties you face
• Defend you in court and present evidence that could yield a favorable outcome 

Our professionals will represent you in all meetings, including ones you have with law enforcement officers, prosecutors, and judges. We will walk you through each step of litigation, answer your questions, and offer general support.

Our Law Firm Gets Positive Outcomes for Austin Defendants

The last thing you want is a public defender to take your case. While these are respected professionals, they’re limited in the time and resources available to build strong cases. Some even try to get their clients to plead guilty, just so they can move on to the next case. 

That’s not the case when you partner with the Law Offices of Randall B. Isenberg. We advise you on your legal options based on what’s best for you, not what’s convenient for us. We believe that our previous case results outline our commitment to defendants facing family and domestic assault charges. 

Some of our most recent victories include: 

• Our client came to us facing a criminal charge of assault with a deadly weapon. After presenting our case, we were able to secure deferred probation. 
• Our client was accused of impeding a family member’s breathing, a crime Texas has zero tolerance for. Still, just like our previous client, we got deferred probation. 
• The prosecution wanted our client to spend ten years in the custody of the Texas Department of Corrections. We didn’t. We were able to present a compelling case where our client got probation. 

Time and time again, we get our clients’ charges dropped, reduced, and dismissed. We take on cases that other lawyers are too afraid to manage. When we take your case, we aim for the best possible outcome and nothing less. 

Our Austin Criminal Defense Attorneys Shield You From These Penalties

Because domestic violence cases are so serious, the legal repercussions carry equal weight. That said, potential legal penalties are specific to each charge.

A domestic violence case could result in probation, prison time, fines, loss of child custody, and more. You could face serious penalties, depending on your domestic violence charges and the prosecution’s case against you.

In Texas, a Class C misdemeanor domestic violence offense, the most minor penalty in this category, can bring up to $500 in fines. If you are convicted of a Class A misdemeanor charge, you can expect up to a year in jail and $4,000 in fines. If convicted of a felony crime, you could face:

• For a third-degree felony– 2 to 10 years behind bars and a $10,000 fine
• For a second-degree felony– 2 to 20 years in prison and a $10,000 fine
• For a first-degree felony– 5 to 99 years behind bars and a $10,000 fine

A domestic violence conviction or similarly serious conviction is life-altering. If we can negotiate a favorable plea agreement, dismiss your charges, or ensure a not-guilty verdict, this stressful ordeal may be little more than a bump in the road of your life.

These Factors Could Affect Your Possible Criminal Sentencing

The penalties you could face if convicted of family and domestic violence ultimately depend on: 

• The specific circumstances surrounding the alleged crime
• Whether this is your first offense or if you have a criminal history
• Whether you express remorse or admit guilt for your actions
• If you will be able to follow probationary or sentencing guidelines 

Whether this is your first time facing the legal system or you have prior experience with legal issues, our family and domestic violence legal team serving the Austin area will review your circumstances and provide a sound legal strategy.

Plea Bargains: Could That Benefit My Family and Domestic Violence Case?

Some cases don’t complete a trial. Instead, the defendant and the prosecutor make an out-of-court agreement that bypasses the need for litigation. Plea deals make this possible. Here, instead of pleading guilty to what the state has charged you with, you plead guilty to a lesser crime. 

An outline of how this could work includes: 

• You face a first-degree felony after allegedly assaulting a family member. 
• The state has overwhelming evidence that you intentionally endangered someone’s safety. 
• We present evidence that this was a one-off event that carried extenuating circumstances, and you don’t deserve the weight of a first-degree felony charge. 
• The prosecutor offers to lower your charge to a third-degree felony in exchange for pleading guilty. 

You may wonder how pleading guilty could benefit you. In the scenario above, accepting the lesser third-degree felony charge would result in less jail time and fewer fines. Your Austin criminal defense attorney can evaluate whether a plea deal is possible and what that would mean for your future. 

Possible Defenses Against Your Austin Domestic Violence Charges

After investigating your case and weighing the prosecution’s evidence, we may use one or more of the following as the basis of our defense strategy: 

• You acted in self-defense. You have the right to protect yourself and others from physical injuries. Context is important here, so when using this defense, we’ll use evidence, like statements from eyewitnesses and security camera footage (if possible to obtain). 
• The alleged incident never happened. Someone may have an ulterior motive for accusing you of a violent crime. For instance, if you’re in the midst of a heated custodial dispute, your child’s other parent may try to paint you in a bad light. 
• The police wrongfully arrested you. The police must have probable cause to arrest you on suspicion of family or domestic violence. They can’t respond to a call and solely rely on hearsay. If the police had no reason to arrest you, we can move to have your case dropped. 

You have the right to have your case presented to a judge and jury. No matter what the police or prosecution say, you have the right to informed legal counsel. You don’t have to take our word for it, though. You can check out what previous clients have shared about our quality of service. 

Click to contact our Family and Domestic Violence Lawyers today

(214) 696-9253

Contact Our Law Firm Today to Discuss Your Family and Domestic Violence Case

Domestic violence charges require immediate attention. You don’t want to face these charges alone; doing so could put your future in jeopardy. The Law Offices of Randall B. Isenberg has the experience, resources, and reputation you want. What’s more, we offer free initial consultations where you can meet our team and explore your next steps.

Call or text or complete a Free Case Evaluation form

(214) 696-9253