Granbury Drug Crimes Defense Lawyer

Meet Our Criminal Defense Attorney

Rob Christian
Board Certified^®

Criminal Defense Attorney in Hood County Helping Those Charged with Drug Crimes

The incarceration rate in the state of Texas is 751 per 100,000 people; each year, around 505,000 people are booked into Texas jails. A significant percentage—more than 21 percent—of these incarcerations are for drug offenses, including simple possession. Texas penalizes drug crimes harshly. Because of this, it is imperative that you have an experienced Granbury criminal defense attorney from The Law Offices of Rob Christian by your side from the moment you are charged—or even if you think you might be charged.

Texas separates controlled substances into penalty groups—1, 1-A, 1-B, 2, 2A, 3, and 4—that determine the severity of the resulting charges. The drugs are organized according to how dangerous and how addictive they are considered to be. As an example, Penalty Group 1 is considered the most dangerous and the most addictive category, including drugs like oxycodone, cocaine, methamphetamine, ketamine, and heroin. Group 1-A includes LSD as well as its salts and isomers, while Group 1-B includes fentanyl and its derivatives.

What Are Common Drug Charges and Penalties in Texas?

Texas passed the Compassionate-Use Act in 2015, allowing the first legal use of low-THC cannabis products for patients with epilepsy, and the state expanded the Act to include other conditions in 2019 and 2021. Recreational use of marijuana remains criminalized. A Class B misdemeanor is charged for possession of up to two ounces of marijuana, and a Class A misdemeanor is charged for possession of two to four ounces of marijuana. Possession of four ounces to five pounds is charged as a state jail felony.

The charges and resulting penalties for drug crimes in the state depend on the type of drug (the penalty group it falls into), and the amount of the drug involved in the charges. Charges can range from a class B misdemeanor to a first-degree felony. Large quantities of most drugs carry the potential sentence of life in prison. A possession conviction for less than one gram of a drug from Penalty Group 1 and 1B is a state jail felony.

A third-degree felony is charged for possession of between one and four grams, a second-degree felony is charged for possession of between four and 200 grams, and a life sentence is possible for possession of 400 grams or more. Penalty Group 1A measures amounts in "abuse units" or dosage units. Fewer than 20 units are charged as a state jail felony, followed by third, second, or first-degree charges for increasing amounts of the drug.

Penalty Group 2 includes MDMA, amphetamine, mescaline, and psilocybin—possession of less than one gram is a state jail felony, while increasing amounts can result in third, second, and first-degree felony charges. Penalty Group 2-A includes synthetic cannabinoids like Spice or K2, and Penalty Group 3 includes drugs like peyote, saliva divinorum, diazepam, and barbital. The penalties for possession of these groups of drugs are similar to those for Penalty Groups 1, 1-A, and 1-B, depending on the amount of the drug possessed.

Penalty Group 4 includes therapeutic drugs containing small amounts of codeine or hydrocodone, with charges ranging from a Class B misdemeanor for less than 28 grams, to a third, second, or first-degree felony for increasing amounts of these drugs. Texas imposes enhanced penalties when a drug possession crime is committed in a drug-free zone, including within 1,000 feet of any school property, playground, school bus, youth center, or residential treatment center. The charges are increased by one offense level, adding five years to the sentence and doubling the fine.

What Are Some Potential Defenses to Drug Crime Charges?

Your specific defense to drug possession charges will depend on the facts and circumstances of your arrest. Some of the more common defenses to drug crimes include:

• Lack of knowledge of the drug's existence (i.e., the defendant thought the drug was aspirin).
• No actual or constructive possession (the defendant did not have the drugs in their actual possession and had no knowledge the drugs were in their home or car).
• The drugs were seized during an illegal search and seizure. When evidence is obtained without a valid search warrant or without reasonable suspicion, the evidence (drugs) is not allowed to be presented as evidence in a criminal case. Without evidence of the existence of the drugs, prosecutors will likely have no case.
• The Good Samaritan or 911 Immunity Defense exists. There is a Good Samaritan defense to misdemeanor and state jail felony-level drug charges for a person who reports an overdose, remains on the scene, and cooperates. This is a one-time deal, with certain exceptions.
• The defendant was not read their rights by police officers or was denied access to an attorney after asking for one.

Contact Our Granbury, TX Drug Crimes Lawyers

If you are facing drug offense charges in Granbury, Texas, you must take these charges very seriously. The decisions you make from the moment the handcuffs are snapped around your wrists can affect the outcome of the drug charges and your entire future. Your first step should be to speak to a highly experienced drug charges attorney from The Law Offices of Rob Christian who can get in front of the charges to the extent possible.

Your Granbury, TX drug crimes attorney is ready to answer all your questions, thoroughly research the details of your arrest, and build a solid case on your behalf. We understand that this is a frightening, stressful time for you and that the potential consequences of your drug charges can alter your life forever. Contact The Law Offices of Rob Christian at 682-936-4003 for a free consultation with a skilled criminal defense attorney.