Being charged with a drug offense can have a devastating impact on an individual’s future. Depending on the type of drug or the amount, penalties can range from jail time to a lifetime of imprisonment. Collateral consequences may also stem from a drug charge and can include difficulty obtaining housing, employment or even employment.
If you or someone you know has been arrested for any drug offense in Travis County, TX, it is best to seek the experienced legal assistance of a Texas drug crime attorney. The Law Office of Jackson F. Gorski can help you discover your legal options and develop a strong defense for your case.
Austin Drug Offenses Lawyer | Travis County, TX
If you have been accused of any drug offense, prosecutors from the Travis County District Attorney’s Office may see you as just another case file or as a number. However, The Law Office of Jackson F. Gorski understands the gravity of being charged with a misdemeanor or felony offense in Texas. Once you secure legal representation with us, you can be sure your case will be handled with diligence and confidentiality.
The Law Office of Jackson F. Gorski is experienced in helping individuals charged with drug offenses all throughout Austin, Cedar Park, Kyle, Lakeway, Anderson Mill, Jollyville, Round Rock, Pflugerville, Leander, and Georgetown, TX. Call 512-960-4646 to secure your first consultation, free of charge to discuss your concerns with Texas drug offense attorney Jackson F. Gorski at The Law Office of Jackson F. Gorski.
- What is the Controlled Substances Act?
- Common Drug Crimes in Texas
- Potential Penalties for Drug Offense in TX
- Additional Resources
What is the Controlled Substances Act?
The Controlled Substances Act (CSA) a law that regulates the manufacture, importation, possession, use, and distribution of certain substances. The drugs are classified into five schedules based upon their abuse potential, safety, and medical applications:
Schedule I Controlled Substances – These drugs carry a high potential for abuse and do not offer any accepted medical benefits. Examples of this type of drug include marijuana, LSD, heroin, and ecstasy.
Schedule II Controlled Substances – Drugs under schedule II have a high potential for abuse and can cause severe physical and mental addiction. Example of this type of drug include fentanyl, hydrocode, methamphetamine, methadone, opium, oxycodone, and cocaine.
Schedule III Controlled Substances – Schedule III substances have a lower potential for abuse compared to drugs or substances in Schedule I and II. These substances also have a currently accepted medical use in treatment. Examples of this type of drug include paregoric, marinol, zyrem, and ketamine.
Schedule IV Controlled Substances – These substances have a low potential for abuse and may lead to limited physical and/or psychological dependence compared to the other drugs in Schedule III. Examples of this type of drug include Xanax, lorazepam, diazepam (Valium), and carisoprodol.
Schedule V Controlled Substances – These substances have a comparatively low potential for abuse and dependency. Examples of this type of drug include cough suppressants containing small amounts of codeine and anticonvulsants.
Common Drug Crimes in Texas
Some of the most drug offense committed in Austin, TX, and the surrounding areas include:
- Cocaine Possession (Texas Health and Safety Code §481.115): Under Texas law, any amount of cocaine in your possession is a felony. Depending on the amount of cocaine an individual is found to possess, the penalties can vary. For example, less than one gran of cocaine possession is a state jail felony, which is up to a $10,000 fine and up to two years in jail.
- Heroin Possession (Texas Health and Safety Code § 481.115): An individual who knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 such as heroin can be charged with heroin possession. Punishment for heroin possession in Texas depends on the amount of the drug in the defendant’s possession.
- Drug Paraphernalia (Texas Health and Safety Code § 481.125): This statute makes it a crime offense to own, use, deliver, or distribute drug paraphernalia. Drug paraphernalia offenses may range from a Class C misdemeanor to a state jail felony.
- Marijuana Possession (Texas Health and Safety Code Section 481.121): A person is accused of marijuana possession if he or she knowingly or intentionally possesses a usable quantity of marihuana. Depending on the amount of marijuana an individual possesses, the penalties can range from a class B misdemeanor to a second degree felony.
- Meth Possession (Texas Health and Safety Code §481.115): A individual who knowingly or intentionally possesses a controlled substance listed in Penalty Group 1 such as meth can be charged with meth possession. Meth, in Penalty Group 1, has some of the most severe punishments for Texas drug crimes. Penalties can range from state jail felony to first degree felony.
Potential Penalties for Drug Offenses in TX
There are several factors that can influence the penalties associated with a drug offense in Texas. Some of these factors include the type of drug, the amount, and the defendant’s criminal history. Depending on the circumstances surrounding the offense, an individual can be charged with a misdemeanor or felony.
The penalties for misdemeanor and felony offenses in Texas are as follows:
- First-degree felony: 5 99 years in state prison and up to $10,000 in fines
- Second-degree felony: 2-20 years in state prison and up to $10,000 in fines
- Third-degree felony: 2-10 years in state prison and up to $10,000 in fines
- State jail felony: 180 days to 2 years in jail and up to $10,000 in fines
- Class A misdemeanor: Up to 1 year in jail and up to $4,000 in fines
- Class B misdemeanor: Up to 180 days in jail and up to $2,000 in fines
Texas Health and Human Services: Controlled Substance Schedules – Access the official website for the Texas Department of State Health Services to view schedules of controlled substances. You can view a list of stimulants, depressants, and opiates.
Texas Penal Code: Controlled Substances Act – Access the official website for the Texas Penal Code to view chapter 481 that constitutes the Texas Controlled Substances Act. The webpage lists definitions to terms related to act and categorizes each drug depending on its level of abuse and addiction.
Georgetown Drug Offenses Lawyer | Williamson County, TX
Whether you’re a college student, a juvenile, or an adult who has made a mistake, you have several options to respond to allegations of a drug offense. The first priority is to consult an experienced criminal defense attorney in Austin, TX. Jackson F. Gorski at The Law Office of Jackson F. Gorski is a practiced drug crimes lawyer that represents individuals accused of drug possession, manufacture/distribution of narcotics, and more. He can help you obtain the best outcome possible for your case.
Your freedom is on the line. Call 512-960-4646 today to schedule a free consultation with Mr. Gorski immediately. The Law Office of Jackson F. Gorski serves clients in Travis County, TX and surrounding counties including Bastrop, Lee, Williamson, Bell, Milam, Hays, Burnett, Blanco, and Caldwell.