Harris County Possession of a Controlled Substance Lawyer

Harris County Possession of a Controlled Substance Attorney

As a border state, Texas has extremely harsh and substantial drug laws. These laws are enforced in places such as Harris County frequently and forcefully. This focus and intensity on the drug laws can lead to aggressive or inappropriate actions by the law enforcement and instances when the wrong individual is accused of possessing a controlled substance.

If you are charged with possession of a controlled substance in Harris County, you need a Harris County Possession of a Controlled Substance Lawyer to defend the charges.

A possession of controlled substances lawyer from Greco Neyland not only speaks in court on your behalf but also ensures the process and procedure of your criminal trial are respected and your rights upheld. In a drug case, ensuring your rights could be just as important as the argument in your defense.

Harris County Possession Of Controlled Substance Law Firm

Applicable to the entire state, including Harris County and the City of Houston, Texas implemented the Texas Controlled Substance Act. While this set of statutes does provide for criminal offenses and punishment for drug offenses in the state, it also:

• Determines the different Penalty Groups in Texas;
• States which controlled substances fall under which Penalty Group;
• Provide the definition and location of drug-free zones in Texas;
• Sets the administrative penalties for drug offenses in the state; and
• Defines forfeiture in the context of drug discovery and collection by the police.

Given the breadth of the Texas Controlled Substance Act, it isn’t found under the Texas Penal Code, where other  crimes defended by Greco Neyland are located, but within the Texas Health and Safety Code. The criminal offenses in the Texas Controlled Substance Act are equally serious and forceful, despite being outside the normal structure of criminal laws in Harris County.

Under Section 481.115 of the Texas Controlled Substance Act, illegal possession of a controlled substance is defined as:

1. Knowingly or intentionally;
2. Possessing a controlled substance;
3. That is listed on a controlled substance Penalty Group for Texas.

Charges under this definition of possession of a controlled substance in Harris County require several pieces of evidence. A prosecutor must prove all of these elements to win a conviction for possession, including:

• Show that the defendant knew of the existence or presence of the controlled substance;

• Prove that the controlled substance is considered illegal in Texas or was unlawful to possess in this instance;

• Have evidence that the controlled substance was not prescribed by a physician or pharmacists with the license and authority to make this prescription, as this is an affirmative exception to the possession laws; and

• Make it clear that the defendant did possess, meaning have control of the place or property, where the controlled substance was found.

What Are the Repercussions of a Possession Conviction?

In Harris County, charges for possession of a gun or firearm, theft, and DWI have differing degrees of severity and potential punishment for conviction – charges for possession of a controlled substance are treated much the same. However, a stark difference is possession charges in Harris County are determined by two factors:

• How much, determined by weight, of a controlled substance you possess; and
• What type of controlled substance is in your possession.

Other drug charges in Harris County rely on the same assessment when it comes to the severity of charges. Prosecutors in Harris County must follow the structure of Penalty Groups put in place by the Texas Controlled Substances Act. This structure dictates that each controlled substance is categorized based on its potential to cause harm in the community and cause addiction.

The most “dangerous” drugs, according to the Texas legislature, fall in Penalty Group 1, while less serious drugs are categorized as Penalty Group 3 or 4.

Possession of a controlled substance in Penalty Group 1 is always a felony offense. Depending on the amount in your possession, Penalty Group 1 offenses are charged as:

• A state jail felony for possession of one gram or less;

• A third-degree felony for possession of one to four grams;

• A second-degree felony for possession of four to 200 grams;

• A first-degree felony for possession of 200 grams to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 2 is always a felony offense. Depending an the amount in your possession, Penalty Group 2 offenses are charged as:

• A state jail felony for possession of one gram or less;

• A third-degree felony for possession of one to four grams;

• A second-degree felony for possession of four to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 3 can be either a misdemeanor or felony offense. Depending an the amount in your possession, Penalty Group 3 offenses are charged as:

• A class A misdemeanor for possession of less than 28 grams;

• A third-degree felony for possession of 28 to 200 grams;

• A second-degree felony for possession of 200 to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Possession of a controlled substance in Penalty Group 4 is either a misdemeanor or felony offense. Depending an the amount in your possession, Penalty Group 4 offenses are charged as:

• A class B misdemeanor for possession of less than 28 grams;

• A third-degree felony for possession of 28 to 200 grams;

• A second-degree felony for possession of 200 to 400 grams; and

• A sentence of 99 years in prison for the possession of 400 grams or more.

Find the Possession Defense Lawyer to Take Your Case

Possession charges in Harris County can be confusing. It is very difficult to know if the offense stated at your arraignment is actually the crime you committed. This is how a Harris County possession of a controlled substance lawyer can help.

Our team at Greco Neyland in Houston is extremely familiar with the controlled substances laws in Harris County, including those around each penalty group and the possession of marijuana. We use this knowledge to ensure you have the best possible defense to possession charges.