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Criminal Defense Areas of Practice
Assault
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What Is The Penalty For Drug Possession?

What Is The Penalty For Drug Possession?

- BH, Texas

Answer:

The penalty for drug possession depends on the quantity and type of drug. Possession of less than a gram of most drugs, such as heroin and cocaine, is a state jail punishable by 180 days to two years in the state jail. State jail time is day for day and there is no parole.

If the person charged has no prior felony convictions, then that person must receive probation if convicted. Possession of a small amount of marijuana is a misdemeanor. Possession of 1 to 4 grams of cocaine or heroin is a third degree felony punishable by two to ten years in prison.

These penalties may be increased if the drugs were possessed close to a school. They may also be increased if the person has prior convictions. Most first or even second time offenders will be offered probation.

A full list of illegal substances can be found in the Health and Safety Code. Enhancements based on prior convictions can be found in section 12 of the Penal Code. Given the variety of drugs and factors involved in determining punishment ranges, it is important to have an experienced attorney.



This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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The Law Office of Richard T. Jones - Austin Criminal Defense Attorney
Located at 1004 West Avenue Austin, TX 78701. View Map
Virtual Office: 1000 Heritage Center Circle Round Rock, TX 78664.
Phone: (888) 492-2612 | Local Phone: (512) 856-4022.
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