Criminal cases that allege the illegal possession of drugs in Texas are among the most common that a person may face. Even so, the consequences of these cases can be severe. All allegations that a person has illegally possessed a drug in Texas can result in the creation of a criminal record, the payment of heavy fines, and even time spent in jail. Making matters worse, Texas is not one of the states that has decriminalized the possession of marijuana.
These facts combine to cause people facing these charges a great deal of stress and concern. Thankfully, the team at the Law Office of Kerrisa Chelkowski is ready to help. They can explain the potential penalties for drug possession in Texas and work to craft a defense that aims to prevent these penalties from impacting your life.
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The Penalties for Simple Drug Possession in Texas
Most cases that allege the illegal possession of drugs in Texas fall under the state’s core statute. This statute says that it is against the law for a person to possess a street drug, like heroin, or a prescription medication without a doctor’s note.
According to Texas Health and Safety Code § 481, the mere possession of these substances is a Class B misdemeanor. This means that a conviction will create a criminal record, could require a person to pay a fine of up to $2,000, and could result in a jail sentence of up to 180 days. An attorney at the Law Office of Kerrisa Chelkowski could provide more information about this core drug possession statute and when it applies to a person’s specific case.
Aggravating Factors in Drug Possession Cases
The statute mentioned above is the state’s core law against the possession of illegal drugs. In short, it applies when there are no aggravating factors in a case that may make more severe penalties available after a conviction.
What are these aggravating factors? There are two main things that may make a drug possession charge more severe. The first is the type of substance involved. The harsher that the law considers a drug to be, the more severe the potential penalties for illegal possession. For example, cases involving marijuana typically bring lighter sentences than those involving harder drugs, like cocaine.
Second, the amount of drugs in question can serve as an enhancing factor in Texas drug possession cases. In short, the greater the quantity of drugs involved in an incident, the more severe the possible penalties.
The most serious cases allege that a person possessed drugs with the intent to distribute them to others. If police make an arrest and the suspect has a large quantity of drugs in their possession, they may assume that this possession was with the intent to distribute. Cases here are felonies that often come with mandatory-minimum prison sentences. These types of cases deserve a person’s full attention.
Speak with the Team at the Law Office of Kerrisa Chelkowski Now to Learn More About the Penalties for Drug Possession in Texas
Every case that alleges illegal drug possession in Texas is a serious matter. Even arrests that involve the supposed possession of marijuana can result in a jail sentence after a conviction. More serious cases allege that a person has possessed narcotics or that they intended to distribute these drugs to others.
Drug possession penalties in Texas often include the payment of severe fines and time spent in jail. It is crucial that you take steps to protect yourself. Contacting the Law Office of Kerrisa Chelkowski could set you on the right path. Reach out to them now to see how they may be able to help you.