Possession of controlled and illicit drugs in Houston defiles the Texas Controlled Substances Act. For a prosecutor to secure a sentence for drug ownership, he/she must prove that the offender deliberately and intentionally possessed or had control of an illegal drug without a legitimate prescription from a qualified doctor. Under Texas law, there are four drug cases, and each of these has its own set of penalties. Notably, cocaine is classified independently.
According to Texas’s health and safety code, it is illegal to manufacture, possess or deliver any amount of cocaine in Houston, Texas. The punishments associated with coin possession, manufacture, and delivery depend on the amount of cocaine arrested and if the person under arrest was manufacturing or just delivering.
Factors that affect the Penalties for Texas Cocaine Convictions
Drug possession penalties in Houston, just like in Texas, vary depending on the following factors.
- The quantity of cocaine arrested
- How the cocaine is stored or concealed
- Possession of additional drugs(other drugs)
- Earlier convictions
In the Texas cocaine or drug possession law, the highest penalty ranges from ninety-nine years or life imprisonment and or with two hundred and fifty dollars as a fine. Based on the amount of cocaine in a litigant’s possession, the punishment ranges from the third felony to the first transgression.
Cocaine possession
Possessing one gram of cocaine in Texas is a state jail offense. It is punishable by six months to two years in jail. However, the law pardons the first-time defendants; that is, they are eligible for ordeal; therefore, they would not serve any jail term. Possessing one to four grams of cocaine falls in the third-degree felony, which has a punishment range of about two to ten years in imprisonment with more than ten thousand dollars worth of fines. Four to two hundred grams of cocaine falls in the second-degree felony.
A second-degree felony is punishable with a two to twenty years jail term with a fine of up to ten thousand dollars. Possessing two hundred to four hundred grams of cocaine is a first-degree felony. This felony has a punishment range of five to ninety-nine years imprisonment with up to ten thousand dollars fines.
Cocaine delivery
The Texas health and safety law states that delivering cocaine amount below one gram is punishable with a jail term between six months to two years in state jail. This sentence increases with the amount of cocaine delivered. The more the amount of cocaine, the more the state jail sentence. Being caught delivering more than four hundred grams of cocaine calls for a punishment of fifteen to ninety-nine years imprisonment and or up to two hundred and fifty thousand dollars fine.
Manufacturing of cocaine
Possessing below one gram of cocaine in Texas is culpable with six months to two years sentence in state jail. The sentence increases with the amount of delivered cocaine. Over four hundred grams of cocaine delivered is punishable by fifteen to ninety-nine years imprisonment.
Hiring a Houston cocaine possession lawyer
Being charged with possession of cocaine in the Houston area is culpable and requires legal and reputable counsel like that which is provided by a skilled Houston drug charge lawyer. Regardless of what you’ve been charged with, a conviction for cocaine possession in Texas is quite costly and can cost you much. Due to the criminal record, you can find it hard to maintain employment or even housing. The potential fines are high and cause your financial downfall and struggles. But with an experienced Houston drug crimes lawyer, you can entirely avoid a conviction. There are numerous drug lawyers in Houston, and not all of them can offer the services you need to your satisfaction. Therefore there are factors you need to look at some factors. First, the lawyer should be board certified in criminal law by the Texas board of legal specialization.
States & Drug Laws
Most states have different laws regarding possession, selling, or manufacturing of illicit drugs like cocaine. These state laws are subject to change over time through new legislation, federal decisions, ballot initiatives, and high court rulings. So if you’ve been caught in illegal possession of cocaine, it is important to consult a legal lawyer to help you through the conviction time.