Drug Crimes Lawyers
Collin, Denton & Surrounding CountiesDrug Crimes Lawyers
Collin, Denton & Surrounding CountiesWhere Hard Cases Are Handled! (469) 935-4600
Where Hard Cases Are Handled!
(469) 935-4600
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Drug Crimes
Federal Drug Charges
Frisco Drug Crimes Defense Attorneys
Relentless Defense Against Drug Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties
The state of Texas has a well-deserved reputation for being a ferocious prosecutor of drug offences, especially in the North Texas counties of Collin and Denton. Despite the fact that crime rates have been declining for more than a decade, the number of people locked up in Texas prisons continues to rise especially over simple drug possession charges. A significant contributor to this problem is the zero-tolerance approach that lawmakers and prosecutors, such as the ones in Denton and Collin Counties, have adopted against violations involving banned substances. Even the selling of marijuana in Texas can result in excessively harsh prison sentences for a drug that many states have legalized. Some Texas counties such as Harris County (Houston) have all but legalized small amounts of Marijuana, but Collin, Denton, Grayson and surrounding counties have certainly not backed down on punishment.
Despite the fact that the vast majority of people believe that the war on drugs has been a futile endeavor, the war nonetheless continues, and a great number of otherwise law abiding individuals are jailed and given criminal records that impact their lives for decades. In spite of a positive shift toward rehabilitation rather than jail, local police departments and federal agencies in Texas, such as those in Denton and Collin County, continue to have many arrests pertaining to drug crimes such as Federal Drug Charges, Distribution, andManufacturing. The most likely way that an individual finds themselves with a drug charge begins with an otherwise routine traffic stop and from there things get a lot more complex and serious.
The consumption of illicit or regulated substances, as well as their transportation, can lead to the commission of a wide variety of criminal offenses. However, possession is by far the most prevalent type of illegal drug activity. If you have been arrested and charged with the crime of drug possession, then you need to speak with an experienced Frisco Drug Crimes Defense Lawyer that regularly defends drug allegations within Collin, Dallas, Denton and surrounding North Texas Counties. The Drug Criminal Defense Lawyers at Ridgely Davis Law can assist you in fighting the accusations and obtain a result that will not detrimentally impact your future. This is especially important if you are just preparing to enter the work force or if you are intending to obtain student loans. You can rely on our Frisco, Texas Drug Crimes attorneys to provide the counsel required.
Don’t wait and don’t just assume that any criminal defense lawyer that claims to handle drug crimes in Collin, Denton and surrounding counties is up to the task of defending against your drug crimes charges. If you are found guilty, you might be subject to a variety of punishments that depend on the quantity and kind of the material that was discovered in your possession. For instance, if you are charged with possession of less than 1 gram of a Group 1 substance like as cocaine or heroin, then you might face felony consequences in the form of up to 2 years in state jail and up to $10,000 in fines if convicted of the offense. If you are found to be in possession of a Group 1 substance weighing 400 grams or more, you will be subject to heightened first-degree “felony” penalties, which include potential sentences of up to 99 years in prison and fines of up to $10,000. Additionally, a conviction for any kind of drug violation, however, can result in the suspension of your driver’s license. This is something that numerous people, and some criminal defense attorneys, are unaware of, but it is the law. It should come as no surprise that a conviction for drug possession can have a negative impact on both your personal and professional life.
If you have been arrested, your future is at best unknown until you obtain qualified criminal defense representation from a seasoned drug criminal attorney in Texas. Since the mid 1990s, Terrence L. Ridgely of Ridgely Davis Law has been fighting for the rights of clients charged with drug crimes in Dallas, Collin, and Denton County. You can rely on this seasoned, trial-tested defense group of Frisco Drug Crime Defense Lawyers for uncompromising advocacy for your every legal right.
If you or someone you love is facing a drug related charge, please contact the experienced Frisco Drug Crimes Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties, to discuss the specific facts pertaining to the drug offense allegations so that our Defense team can start preparing your defense and minimizing your exposure. It cannot be overstated how important it is to get your defense started as early as possible.
Arrested on Drug charges? What Occurs Typically in Denton & Collin Counties
In most cases, there are two paths that might lead to you being charged with drug possession in Collin, Dallas, Denton and surrounding counties in Texas. The first possibility is that police officers have reason to assume that they have caught you in the act of committing a narcotics offense of some nature. For example, the police may have initially pulled you over in Plano or Frisco, Texas because you were going too fast. However, upon interacting with you the officer may have claimed to “smell marijuana” or some other subjective observation and then narcotics were discovered during the stop.
The other way is by conducting drug investigations prior to making an arrest. If there is a suspicion that illegal narcotics are being made or distributed, the police will make an effort to collect evidence regarding the parties involved. Should their investigation lead them to believe that you are involved, the authorities may seek a warrant for your arrest.
In the event that you are detained for a drug-related offence, you will be brought before a magistrate within the first two days after your arrest. You will be informed of a variety of things, such as the charges against you as well as your legal rights, during this first appearance in court. In addition to this, the court will determine the terms of your release.
If you are suspected of committing a felony, the next step is for the prosecutor to file an indictment against you. This necessitates the presence of a prosecutor in front of a grand jury, which is a community panel consisting of 12 individuals who deliberate on whether or not there is sufficient probable cause to press through with charges and issue a “true bill” that formally indicts you for the offense and the the criminal proceedings begin.
You will be notified of your arraignment once charges have been made against you and an indictment has been handed down. Following the arraignment of the charges against you, there will be a series of hearings and other legal procedures that build up to the trial itself. You have the option during this period to enter a guilty plea, to negotiate a plea deal, or to prepare yourself to defend yourself in court. You will have a more successful and streamlined experienced getting through the tedious legal procedures if you begin working with an experienced drug crimes lawyer as soon as possible. Once you have a trusted Frisco Drug Crimes Lawyer representing you in your Collin | Denton County court proceedings, they can work to analyze the circumstances leading up the arrest, the quality of the evidence obtained, and begin looking for violations of your rights along the way as well as strengthening your other defenses.
DEFENDING AGAINST Drug Offences
The legitimacy of the means by which law enforcement personnel got the evidence that was used to support the state’s case is a crucial issue that is frequently contested, particularly in situations involving drug crimes in Dallas, Denton and Collin Counties. The Fourth Amendment to the Constitution of the United States protects individuals from having their personal property searched or seized by the government in an unjustified (unreasonable) manner. In the event that the Fourth Amendment was violated by the actions of the government, the evidence will be ruled inadmissible and if most if not all of the evidence in the possession of the state is then excluded the will most likely not be able to prove the criminal accusations against the accused beyond a reasonbable date and as such the state may be forced to drop its case against that individual.
The following are some examples of possible defenses that we might utilize for you:
- You were not aware that you were in possession of the drug;
- You did not plan to ingest or consume the substance;
- The amount was not sufficient to warrant a criminal charge;
- You were in possession of authorization or a prescription;
CONSULT AN Experienced Drug Crimes Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a drug crime in Frisco, Texas, Carrollton, TX or anywhere within Collin, Dallas, Denton and surrounding counties, you need a Frisco Drug Lawyer | Criminal Defense Attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Drug Crimes Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Drug Crimes Lawyers Criminal Defense Attorneys in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
Take the first Step
Arrested for a Drug Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law in Frisco, Texas our Collin & Denton County Drug Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique case.
Serious Criminal Defense Lawyers
Texas Drug Crime Penalties
For a narcotics possession accusation in Texas, you might face up to 10 years in prison. You could be sentenced to life in prison if you are convicted of selling a certain amount of controlled narcotics. You can’t afford to have a drug criminal defense that is anything but the best. Here, you may rely on a team of devoted and experienced Frisco drug crimes lawyers | criminal defense attorneys.
Why Hire our Drug Criminal Defense Lawyers in Dallas, Denton, and Collin Counties?
At Ridgely Davis Law, in Frisco, Texas, our drug crimes lawyers | criminal defense attorneys have legal expertise spanning decades; with not guilty judgments, acquittals, and dismissals. Simply put, we know what it takes to win from experience.
We Defend All Drug Charges
Among the charges that the criminal defense lawyers at Ridgely Davis Law handle include the following:
- Cocaine
- Crystal meth
- Heroin
- Marijuana / cannabis / weed
- Drug conspiracy
- Drug distribution
- Drug possession
- Narcotics trafficking
Our Trusted Frisco Drug Crimes Lawyers, Collin & Denton County Criminal Defense Attorneys have the experience needed to help you navigate the criminal system and protect your rights. With these types of charges, there is a lot on the line, and you need to know that your future is safe in the hands of seasoned defenders. With Ridgely Davis Law, you can rest assured that your rights will be protected.
Contact our Frisco Drug Criminal Defense Lawyers to discuss your defense options right now!
If you’ve been charged with a drug offense in the Dallas-Fort Worth area, Ridgely Davis Law’s drug crime attorneys are here to assist you at any time of the day or night.
The experienced Drug Criminal Defense Lawyers at Ridgely Davis Law are ready to help. Schedule a Free Case Evaluation.
Texas Drug Possession Statutes
Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 or 1-B, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.
(e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
(g) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(h) The defense to prosecution provided by Subsection (g) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(i) The defense to prosecution provided by Subsection (g) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (g) is not available.
Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A.
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;
(4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and
(5) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.
(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(e) The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.
Sec. 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(h) The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.
Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less;
(2) a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces;
(3) a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds.
(c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(d) The defense to prosecution provided by Subsection (c) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(e) The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.
Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under Subsection (a) is a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(h) The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.
Sec. 481.118. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice.
(b) An offense under Subsection (a) is a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
(f) It is a defense to prosecution for an offense punishable under Subsection (b) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(g) The defense to prosecution provided by Subsection (f) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or 481.121(b)(1) or (2), or an offense under Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), 483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(h) The defense to prosecution provided by Subsection (f) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (f) is not available.
Over 35 Years Combined Legal Experience
