Drug possession laws in the U.S. are complex, and penalties vary depending on the type and amount of drug involved, along with the state you’re in. For many people, drug possession may result in misdemeanor charges, but in certain cases, possession can lead to felony charges.
Understanding when drug possession escalates to a felony is a must, especially in states like Texas, where drug laws are particularly strict.
If you or someone you know is facing felony drug possession charges, it’s important to consult with a skilled criminal defense attorney.
In this article, we’ll explore the factors that determine when drug possession becomes a felony, the potential consequences you could face with a felony drug charge, and why having a strong defense is a necessity.
Factors That Elevate Drug Possession to a Felony
Several factors can turn what might seem like a minor drug possession charge into a serious felony offense in Texas.
Type of Drug Involved
Different drugs are classified into schedules based on their potential for abuse and accepted medical use. Schedule I drugs, like heroin and LSD, are considered the most dangerous, while Schedule V drugs, such as certain cough preparations, are deemed the least dangerous. Possession of a higher schedule drug (like Schedule I or II substances) is more likely to result in felony charges.
For example, possession of a small amount of marijuana in Texas may only be a misdemeanor, while possession of harder drugs like cocaine, methamphetamine, or heroin will almost always be treated as a felony drug possession in Texas
Quantity of the Drug
The amount of the drug in your possession plays a crucial role in determining whether you’ll face felony or misdemeanor charges.
If you possess larger quantities of a controlled substance, law enforcement may suspect you of intent to distribute, which is a much more serious offense than simple possession.
In Texas, even possessing a small amount of certain drugs, like cocaine or methamphetamine, can result in a felony.
Previous Offenses
A person’s criminal history can influence whether drug possession is charged as a felony. Repeat offenders, particularly those with prior drug-related convictions, are more likely to face felony charges. In Texas, repeat drug possession charges can escalate quickly into felony territory, carrying heavier penalties.
Location of the Arrest
The circumstances and location of your arrest can also affect whether you’re charged with a felony. For instance, being caught with drugs in a drug-free zone, such as near schools, parks, or playgrounds, can automatically increase the severity of the charges. In such cases, even minor possession could be treated as a felony.
Potential Consequences of Felony Drug Charges
If convicted of felony drug possession, the consequences can be severe.
In Texas, felony drug possession can result in:
- Lengthy Prison Sentences: Felonies generally carry prison terms longer than one year, with higher degrees of felonies leading to sentences that span decades.
- Fines: Convicted felons may face substantial penalties ranging from thousands to tens of thousands of dollars.
- Permanent Criminal Record: A felony conviction can severely impact your life, including your ability to find employment, housing, or even vote in some cases.
- Mandatory Drug Treatment: In some cases, a judge may require individuals convicted of felony drug possession to attend mandatory drug treatment programs as part of their sentence.
Defending Against Felony Drug Charges
Facing felony drug possession charges can be frightening, but an experienced criminal defense attorney can help navigate the legal complexities and build a strong defense.
Some common defense strategies include:
- Illegal Search and Seizure: If law enforcement conducts an unlawful search without proper warrants, the evidence against you may be thrown out.
- Lack of Knowledge: If you were unaware that you had the drugs, your lawyer may argue this in court.
- Constructive Possession: In cases where the drugs weren’t found directly on your person but nearby, your attorney could challenge whether you had control or intent to possess them.
Facing Felony Drug Charges in Texas?
Understanding when drug possession becomes a felony is essential for protecting your rights. If you’re facing drug possession or felony drug charges, don’t leave your fate to chance. A knowledgeable defense attorney, like those at Capetillo Law Firm, can make all the difference in your case.
Contact Capetillo Law Firm today to schedule a consultation and get the skilled legal representation you need: