Texas is notoriously tough on drug offenders. Being charged with possession of a controlled substance, especially cocaine, can land an individual with significant legal penalties. These penalties can include fines and a lengthy prison sentence, not to mention the effects a conviction may have on a person’s ability to find employment, housing, and future educational opportunities.
With so much on the line, how should you approach a cocaine charge in Texas? At the Law Offices of Mark T. Lassiter, we want to arm you with valuable information on what to do when faced with the consequences of a drug charge.
Cocaine Possession Laws in Texas
In Texas, drug charges are divided into penalty groups. Drugs are divided into these groups based on their danger, high probability of abuse or addiction, and having no recognized medical value. Cocaine is in penalty group 1, meaning offenses related to cocaine are penalized more significantly than offenses involving drugs like marijuana. Having even a small amount of cocaine in your possession is a felony offense and carries severe consequences.
Penalties for cocaine charges can vary depending on the amount found in a person’s possession and whether there was intent to distribute or manufacture the substance. In most cases, cocaine charges will be considered felony offenses.
Cocaine Possession Penalties
Less than 1 gram – State jail felony
- Fines up to $10,000
- Jail time between 180 days and two years
One gram but less than four grams – 3rd degree felony
- Fines up to $10,000
- Two to ten years in prison
Four grams but less than 200 grams – 2nd-degree felony
- Fines up to $10,000
- Two to 20 years in prison
200 grams but less than 400 grams – 1st-degree felony
- Fines up to $100,000
- Ten to 99 years in prison
Over 400 grams – 1st-degree felony
- Fines up to $250,000
- 15 to 99 years in prison
Cocaine Distribution Penalties
Selling, trafficking, delivering, or distributing cocaine can also trigger significant legal consequences. Then penalties for cocaine distribution are also based upon weight and are as follows:
Less than one gram – State jail felony
- Fines up to $10,000
- Jail time between 180 days and two years
One gram but less than four grams – 2nd degree felony
- Up to 20 years in prison
Four grams but less than 200 grams – 1st-degree felony
- Fines up to $100,000
- Ten to 99 years in prison
200 grams but less than 400 grams – 1st-degree felony
- Fines up to $100,000
- Ten to 99 years in prison
Over 400 grams – 1st-degree felony
- Fines up to $250,000
- 15 to 99 years in prison
Manufacturing of Cocaine
Manufacturing cocaine is the production, preparation, processing, or packaging of cocaine. Offenses for this alleged crime as also based upon the weight of the product found. Manufacturing less than 1 gram of cocaine can result in between 180 to two years in jail, while manufacturing more than 400 grams can net someone a fine up to $250,000 and between 15 and 99 years in prison.
Texas Cocaine Enhancements
As if the penalties for cocaine possession, distribution, and manufacturing were not severe enough, penalties can be enhanced under certain circumstances. If an alleged crime is committed on school property or within 1,000 feet of school property, it can elevate the felony offense to the next highest level. It can also result in higher fines and longer prison terms.
Steps to Take After a Cocaine-Related Arrest
The steps that you take immediately after your arrest can significantly impact your case. Consider these tips after a cocaine-related arrest:
Cooperate with Authorities – By cooperating with authorities, we mean staying calm and being respectful. Follow law enforcement instructions and speak with a neutral tone. Do not use obscenities or act in an aggressive or hostile manner.
You Have the Right to Remain Silent. Use It – You do not have to answer law enforcement questions. In fact, it is better if you don’t. Exercise your right to remain silent. While explaining the situation may seem like a good idea, it will seldom work out in your favor. You cannot talk your way out of a cocaine charge, don’t try.
Decline a Search – Authorities may request that you let them search your home or car for drugs or other items. They cannot do this without your permission or a search warrant. You do not need to permit them to search your property. Politely refuse and ask that they obtain a proper warrant.
Contact an Attorney Immediately – You should never fight a cocaine charge on your own. Contact a skilled criminal defense attorney immediately and let your attorney communicate with authorities on your behalf. Having a knowledgeable defense attorney on your side gives you the best chance possible at obtaining a favorable result for your circumstances.
Talk to an Attorney Today
A seasoned cocaine criminal defense attorney can review your situation and determine which strategy may be effective in your defense. Lack of knowledge, innocence, illegal search and seizure, or constructive possession are just a few of the defenses that may apply to your situation.
If you have been charged with a cocaine-related offense, talk to a criminal defense attorney with Law Offices of Mark T. Lassiter immediately. Call (214) 845-7007 to talk with an aggressive attorney today.
