By Jeff Kennedy
Possession Of A Controlled Substance
Were you charged with possession of a controlled substance? Schedule a consultation with Jeff C. Kennedy today. He has helped hundreds with possession charges in Fort Worth for over 20 years.
By now, you have probably realized that Texas drug crime laws are very strict. You are probably wondering what you should do next, what penalties you are facing, and what kind of an Attorney you need to hire.
Finding an attorney for your possession charge is important, but it’s even more crucial to find someone who knows what they are doing. You need an attorney with experience. Someone that will thoroughly analyze the case, evidence, and prosecution. An attorney that will fight, and not just guide you through the court proceedings.
Having a qualified attorney like Jeff C. Kennedy on your side can make a huge difference in the outcome of your drug charge. He fights for you by thoroughly examining your case and never settling for a plea deal. Exhausting every possible tactic to have your case dismissed or charges reduced.
How Serious Is A Possession Charge?
From jail time to expensive fines and a criminal record, you are facing a significant shock to your freedom and lifestyle. Drug convictions can prevent you from living in certain neighborhoods, obtaining educational opportunities, and securing good jobs. Including severe penalties, fines and jail or prison time.
Strategies Jeff C. Kennedy Uses To Defend You In Court
Jeff C. Kennedy can significantly increase your chances of achieving a more favorable outcome than you would with a public defender or an inexperienced attorney. He has the experience and skill you need for a possible case dismissal, reduction of charges or not-guilty verdict.
The burden of proof lies with the prosecution, so all we have to do is show cause for reasonable doubt. For example, if you were caught in possession of a controlled substance, but we can show that the drugs may not have belonged to you, we can introduce reasonable doubt to the jury or judge.
Additionally, law enforcement officers sometimes commit illegal searches, such as searches without consent or without a warrant. If we can get the search thrown out, the entire case could fall apart. Your attorney will be happy to discuss the best defense for your particular case.
View Some Of Our Case Results Here
Schedule a Free Consultation With Jeff Today
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
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Understanding the Legal Concept of ‘Possession
The prosecution must prove possession in order to convict you. Simply being near the drugs does not necessarily make you guilty, as the drugs could belong to anyone present.
For example, imagine you were riding in a friend’s car, and the police pulled you over. During a search, they found drugs under your seat and arrested you for possession. But does finding drugs under your seat mean they belong to you? The prosecution must prove beyond a reasonable doubt that the drugs were yours, not your friend’s or another passenger’s.
For a possession charge to hold, affirmative links must be established. Affirmative links are independent facts or circumstances showing that you knew about the drugs and had control over them. Without these links, the prosecutors case against you can be significantly weakened.
A skilled attorney will highlight these gaps in the prosecution’s case, increasing the chances of a case dismissal or reduction of charges.
Penalties For Possession of a Controlled Substance in Fort Worth, TX
Texas drug laws are intricate and confusing. Some of the harshest drug laws are in Texas. From Fines to penalties, they vary based on the drug and the dose or quantity you were charged in possession of. Below, you will find the penalty groups. From there, you can identify the drug and dose/weight you were charged with to determine your potential fines, jail time, and offense levels.
Penalty Group 1 is the most heavily regulated in TX. They have no medical use whatsoever, and are some of the most dangerous and addictive.
- Cocaine
- Crack
- Heroin
- Methamphetamine
- Special K – Ketamine
- Oxycontin (Oxycodone)
- Codeine
- GHB
- Opium
- Methadone
- Hydrocodone over 300 grams (including in Vicodin)
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
Penalty group 1-A only has the drug Acid – LSD or analogues of LSD. LSD is sold by the dose, and this is why it is not grouped with other drugs , which are sold by weight.
| Possession of Controlled Substance Penalty Group 1-A (PG1-A) | Offense Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 units | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 units or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
The only controlled substance in penalty group 1-B is Fentanyl.
| Possession of Controlled Substance Penalty Group 1-B (PG1-B) | Offense Level | Punishment Range |
|---|---|---|
| Under 1 Gram | State Jail Felony | 180 days – 2 years in State Jail and/or a fine of not more than $10,000 |
| 1-4 Grams | Third Degree Felony | 2-10 years in prison, and a fine of not more than $10,000 |
| 4-200 Grams | Second Degree | 2-20 years in prison and a fine of up to $10,000 |
| 200-400 Grams | First Degree | 5 – 99 years in prison or life, and a fine not to exceed $10,000 |
| Over 400 Grams | Enhanced First Degree | 10 – 99 years in prison or life, and a fine not to exceed $100,000 |
Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:
- MDMA, Molly, Ecstasy
- Bath Salts (Many bath salts)
- Adderall (Dextroamphetamine)
- PCP (Phencyclidine, Angel Dust)
- Mescaline (Peyote)
- Mushrooms (Psilocybin)
- Proposed legislation: Flakka (alpha-PVP)
- THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas
- “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
| Possession of Controlled Substance Penalty Group 2-A (PG 2-A) | Offense Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 5 pounds ore more but less than 50 pounds | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 50 pounds or more, but less than 2,000 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:
- Valium
- Xanax (Alprazolam)
- Clonazepam
- Diazepam
- Hydrocodone less than 15mg/dose or less than 300 mg
- Codeine less than 90mg/dose
- Lorazepam
- Zolpidem
- Ritalin
- Testosterone
- HGH (Human Growth Hormone)
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less thanÊ 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:
- Opium
- Morphine
- Motofen
- Dangerous Drugs
| Possession of Controlled Substance Penalty Group 4 (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Schedule A Free Strategy Session With Jeff Today.
If you’ve been charged with a drug crime, work with a firm that combines compassion and personal attention with in-depth knowledge of criminal defense and practical experience. We know how to defend against possession and drug charges of all types, and we want to work with you.
To get in touch call the Law Offices of Jeff C. Kennedy. We have a track record of getting drug possession charges dismissed, reduced, or dropped altogether. Give our firm a call at 817-605-1010 or fill out the online contact form at the bottom of this page.
