Misdemeanor vs. Felony Drug Crimes

Texas law does not mess around when it comes to prosecuting drug crimes. Regardless of how minor or severe your drug offense is, you could face harsh penalties. In the eyes of Texas courts, drug use deserves maximum consequences even if a defendant was arrested for small amount of marijuana. Backed by prosecutorial experience, we know what it takes to establish a powerful defense and advocate for the best possible alternatives to prison. Our award-winning drug crime attorneys will fight for you.

Our experience in defending misdemeanor and felony drug crimes includes:

  • Marijuana possession
  • Manufacture
  • Distribution
  • Illegal possession of prescription drugs

Know the Difference

It’s important to understand a misdemeanor compared to a felony drug crime conviction. No matter what you’re up against, we will aggressively attack all areas of the prosecution’s case to diminish the severity of your charge.

If you were convicted of marijuana possession, you could face a:

  • Class B misdemeanor – possession of under 2 ounces
  • Class A misdemeanor – possession of 2-4 ounces
  • State jail felony – possession of 4 ounces-5 pounds
  • 3rd degree felony – possession of 5-50 pounds
  • 2nd degree felony – possession of 50-2,000 pounds
  • 1st degree felony – possession of more than 2,000 pounds

If you were arrested for manufacturing or distribution of a controlled substance, your punishment will be based on the type of drug and quantity involved in the offense. Penalty groupings are based on the type of controlled substance involved at the time of your arrest.

Penalty Group 1 offenses (includes most opiates, opium derivatives, cocaine, methamphetamine, and others):

  • State jail felony – possession of less than 1 gram
  • 2nd degree felony – possession of more than 1 gram and less than 4 grams
  • 1st degree felony – possession of more than 4 grams and less than 200 grams
  • Life sentence or a term of 10 to 99 years & up to a $100,000 fine – possession of more than 200 grams and less than 400 grams
  • Life sentence or a term of 10 to 99 years & up to a $250,000 fine – possession of more than 400 grams

Penalty Group 1-A offenses (lysergic acid diethylamide, also known as LSD):

  • State jail felony – possession of less than 20 doses
  • 2nd degree felony – possession of more than 20 and less than 80 doses
  • 1st degree felony – possession of more than 80 and less than 4,000 doses
  • Life sentence or a term of 15 to 99 years & up to a $250,000 fine – possession of more than 4,000 doses

Penalty Group 2 offenses (hallucinogens or stimulants, such as psilocybin mushrooms and mescaline):

  • State jail felony – possession of less than 1 gram
  • 2nd degree felony – possession of more than 1 gram and less than 4 grams
  • 1st degree felony – possession of more than 4 grams and less than 400 grams
  • Life sentence or a term of 5 to 99 years & up to a $50,000 fine – possession of more than 400 grams

Penalty Group 3 offenses (depressants):

  • Class A misdemeanor – possession of less than 28 grams
  • 3rd degree felony – possession of more than 28 grams and less than 200 grams
  • 2nd degree felony – possession of more than 200 grams and less than 400 grams
  • Life sentence or a term of 5 to 99 years & up to a $50,000 fine – possession of more than 400 grams

Penalty Group 4 offenses (small doses of narcotics combined with other drugs):

  • Class B misdemeanor – possession of less than 28 grams
  • 3rd degree felony – possession of more than 28 grams and less than 200 grams
  • 2nd degree felony – possession of more than 200 grams and less than 400 grams
  • Life sentence or a term of 5 to 99 years & up to a $50,000 fine – possession of more than 400 grams

In the case of illegal possession of prescription drugs, you could face anything from a Class A or Class B misdemeanor to a state jail felony depending on the amount discovered at the time of your arrest.

Commonly abused prescription drugs include:

  • Vicodin (hydrocodone)
  • OxyContin (oxycodone)
  • Xanax
  • Valium
  • Ritalin

Why You Need Us

We’ve been on the other side of the courtroom, therefore we have extensive knowledge in how to counteract your conviction. Our team will employ defenses such as:

  • Admittance to diversion programs
  • Lack of intent
  • Insufficient amount
  • Medical Use
  • Lack of evidence
  • Misinformation

We will do everything it takes to help you. Contact our firm to get started on your defense.