• Drug Cases

State and Federal Drug Case Defense Attorney in Dallas/Fort Worth, Texas.

Have Your or a Loved One Been Arrested for Possession of Drugs?

If you or someone you know is currently facing drug charges, you need an attorney with real experience fighting and winning cases involving possession and distribution of controlled substances.

Every lawyer at Westfall Sellers has significant experience helping clients who have been accused of possessing or distributing drugs.  We have fought both state and federal prosecutions for amounts large and small.  We also have significant experience with the various diversion programs that have recently appeared as we have begun to get smarter about our “war on drugs.”

 

How Westfall Sellers Works to Beat Drug Charges

Our attorneys approach each new drug case with one key question: “How can it be beaten?” This means looking at the evidence to determine how to have your drug charges defeated, dismissed, or significantly reduced.

While all cases have their own subtleties, there are consistent issues we look for on new drug cases.

  1. “Was there an illegal search?” As police work goes, one of the places where corners are likely to be cut will be in search warrants and warrantless searches in drug cases. Working with a skilled drug crime defense attorney to prove that a search was conducted without a proper warrant or probable cause can potentially lead to dismissal of charges.
  2. Did you actually “possess” the drugs? As with the search issue, possession is not always as straightforward as it seems. The mere presence of drugs alone is never enough. We pour over all evidence against you, including videos, police reports, and lab reports to determine any inconsistencies or disprovable elements in the charges against you. Unlike some, our practice is to review this evidence with you to determine the best course to take. We find this approach, over time, renders significantly better results for our clients.

No case is too complex for our legal team to handle and we are ready to investigate whatever is necessary to obtain evidence that can be used as leverage against the prosecution or law enforcement.

Our Results

Drug Possession Penalties

Drug possession charges can carry severe penalties upon conviction, especially if the prosecutor alleges intent to distribute. The range of penalties you may be facing can vary wildly based on the drug you are accused of possessing and the amount the prosecutors allege you had at the time.

In Texas, different drugs are broken into 7 different penalty groups.

Marijuana

In Texas, Marijuana has its own unique penalty group. While possession of small amounts of marijuana may no longer be an arrestable offense in certain Texas counties, you may still be charged and subject to the penalties associated with marijuana possession if ultimately convicted.

Range of punishments for marijuana possession

Weight for Manufacture or Delivery Weight for Possession Classification Penalty for Manufacture or Delivery Penalty for Possession
¼ ounce or less, given, not for payment <2 ounces Class B Misdemeanor Not more than 180 days in a county jail and/or a fine not to exceed $2,000
¼ ounce or less, for payment 2 – 4 ounces Class A Misdemeanor Not more than 1 year in a county jail and/or a fine not to exceed $4,000
¼ ounces – 5 pounds 4 ounces – 5 pounds State Jail Felony 180 days – 2 years in a state jail and/or a fine not to exceed $10,000 Not more than 2 year in a state jail and/or a fine not to exceed $10,000
5 – 50 pounds 3rd Degree Felony 2 – 10 years in state prison and/or a fine not to exceed $10,000
2nd Degree Felony 2 – 20 years in a state prison and/or a fine not to exceed $10,000
50 – 2,000 pounds (1 ton) 2nd Degree Felony 2 – 20 years in state prison and/or a fine not to exceed $10,000
1st Degree Felony 5 – 99 years in a state prison and/or a fine not to exceed $10,000
>2,000 pounds 1st Degree Felony 5 – 99 years in prison and a fine not to exceed $10,000
Enhanced 1st Degree Felony 10 – 99 years and a fine not to exceed $100,000

Penalty Group 1

Penalty group 1 drugs include narcotics with no established medical purpose or narcotics that are heavily controlled, including heroin, codeine, hydrocodone, cocaine, methamphetamine mescaline, psilocybin, and other non-LSD hallucinogens.

Range of punishments for Penalty Group 1 drug possession

Weight for Manufacture or Delivery Weight for Possession Classification Penalty for Manufacture or Delivery Penalty for Possession
¼ ounce or less, given, not for payment <2 ounces Class B Misdemeanor Not more than 180 days in a county jail and/or a fine not to exceed $2,000
¼ ounce or less, for payment 2 – 4 ounces Class A Misdemeanor Not more than 1 year in a county jail and/or a fine not to exceed $4,000
¼ ounces – 5 pounds 4 ounces – 5 pounds State Jail Felony 180 days – 2 years in a state jail and/or a fine not to exceed $10,000 Not more than 2 year in a state jail and/or a fine not to exceed $10,000
5 – 50 pounds 3rd Degree Felony 2 – 10 years in state prison and/or a fine not to exceed $10,000
2nd Degree Felony 2 – 20 years in a state prison and/or a fine not to exceed $10,000
50 – 2,000 pounds (1 ton) 2nd Degree Felony 2 – 20 years in state prison and/or a fine not to exceed $10,000
1st Degree Felony 5 – 99 years in a state prison and/or a fine not to exceed $10,000
>2,000 pounds 1st Degree Felony 5 – 99 years in prison and a fine not to exceed $10,000
Enhanced 1st Degree Felony 10 – 99 years and a fine not to exceed $100,000

Penalty Group 1-A

In Texas, penalty group 1-A exclusively covers LSD (aka Acid) as well as any of its derivatives. LSD is placed into its own category because the quantities and weight required for use and distribution vary wildly from other drugs. In this context, one unit refers to one dose of LSD.

Range of punishments for Penalty Group 1-A drug possession

Quantity Classification for Manufacture or Delivery Classification for Possession Penalty for Manufacture or Delivery Penalty for Possession
<20 Units State Jail Felony 180 days – 2 years in a state jail and a fine up to $10,000
20 to 80 Units 2nd Degree Felony 3rd Degree Felony 2 – 20 years in state prison and a fine up to $10,000 2 – 10 years in state prison and a fine up to $10,000
80 to 4000 Units 1st Degree Felony 2nd Degree Felony 5 – 99 years in state prison and a fine up to $10,000 2 – 20 years in state prison and a fine up to $10,000
4000 to 8000 Units Enhanced Felony 1 1st Degree Felony 10 – 99 years in state prison and a fine up to $100,000 5 – 99 years in state prison and a fine up to $10,000
>8000 Units Enhanced Felony 1 15 – 99 years in state prison and a fine up to $250,000

Penalty Group 2

Drugs in penalty group 2 mostly include synthetic hallucinogens such as MDMA (Ecstasy), PCP, and amphetamines.

Range of punishments for Penalty Group 2 drug possession

Quantity Classification for Manufacture or Delivery Classification for Possession Penalty for Manufacture or Delivery Penalty for Possession
<1 gram State Jail Felony 180 days – 2 years in a state jail and a fine up to $10,000
1 to 4 grams 2nd Degree Felony 3rd Degree Felony 2 – 20 years in state prison and a fine up to $10,000 2 – 10 years in state prison and a fine up to $10,000
4 to 400 grams 1st Degree Felony 2nd Degree Felony 5 – 99 years in state prison and a fine up to $10,000 2 – 20 years in state prison and a fine up to $10,000
>400 grams Enhanced Felony 1 1st Degree Felony 10 – 99 years in state prison and a fine up to $100,000 5 – 99 years in state prison and a fine up to $10,000

Penalty Group 2-A

In Texas, penalty group 2-A exclusively covers synthetic cannabinoids such as K2, Spice, and other research chemicals meant to mimic the effects of marijuana.

Range of punishments for Penalty Group 2-A drug possession

Manufacture or Delivery Possession
Weight Classification Penalty Weight Classification Penalty
<1 gram State Jail Felony 180 days – 2 years in a state jail and a fine up to $10,000 Less than 2 ounces Class B Misdemeanor Up to 180 days in a county jail and a fine up to $2,000
1 to 4 grams 2nd Degree Felony 2 – 20 years in state prison and a fine up to $10,000 2 – 4 ounces Class A Misdemeanor Up to 1 year in a county jail and a fine up to $4,000
4 to 400 grams 1st Degree Felony 5 – 99 years in state prison and a fine up to $10,000 4 ounces – 5 pounds State Jail Felony 180 days – 2 years in a state jail and a fine up to $10,000
>400 grams Enhanced Felony 1 10 – 99 years in state prison and a fine up to $100,000 5 – 50 pounds 3rd Degree Felony 2 – 10 years in state prison and a fine up to $10,000
50 – 2,000 pounds 2nd Degree Felony 2 – 20 years in state prison and a fine up to $10,000
Over 2,000 pounds 1st Degree Felony 5 – 99 years in state prison and a fine up to $50,000

Penalty Group 3

In Texas, drugs in penalty group 3 primarily include opioids not covered in penalty group 1, as well as prescription sedatives (Valium, Xanax, Benzos) and amphetamines (Adderall, Vyvanse, etc.).

Range of punishments for Penalty Group 3 drug possession

Manufacture or Delivery Possession
Weight Classification Penalty Classification Penalty
<28 grams State Jail Felony 180 days – 2 years in a state jail and a fine up to $10,000 Class A Misdemeanor Up to 1 year in a county jail and a fine up to $4,000
28 to 200 grams 2nd Degree Felony 2 – 20 years in state prison and a fine up to $10,000 3rd degree felony 2 – 10 years in state prison and a fine up to $10,000
200 to 400 grams 1st Degree Felony 5 – 99 years in state prison and a fine up to $10,000 2nd degree felony 2 – 20 years in state prison and a fine up to $10,000
>400 grams Enhanced Felony 1 10 – 99 years in state prison and a fine up to $100,000 1st degree felony 5 – 99 years in state prison and a fine up to $50,000

Penalty Group 4

In Texas, penalty group 4 covers a range of prescription drugs and chemical compounds not covered in other penalty groups.

Range of punishments for Penalty Group 4 drug possession

Weight Classification for Manufacture or Delivery Classification for Possession Penalty for Manufacture or Delivery Penalty for Possession
<28 grams State Jail Felony Class B Misdemeanor 180 days – 2 years in a state jail and a fine up to $10,000 Up to 180 days in a county jail and a fine up to $2,000
28 to 200 grams 2nd Degree Felony 3rd Degree Felony 2 – 20 years in state prison and a fine up to $10,000 2 – 10 years in state prison and a fine up to $10,000
200 to 400 grams 1st Degree Felony 2nd Degree Felony 5 – 99 years in state prison and a fine up to $10,000 2 – 20 years in state prison and a fine up to $10,000
>400 grams Enhanced Felony 1 1st Degree Felony 10 – 99 years in state prison and a fine up to $100,000 5 – 99 years in state prison and a fine up to $50,000

The “War on Drugs” Has Many Casualties — Don’t Be One.

With several states legalizing or decriminalizing marijuana use, we have seen a tremendous increase in possession of THC cases, which are punished very harshly under Texas law. Edibles, THC vapor pens, and THC wax are prosecuted according to total weight. So we see clients with a bag of Jolly Rancher candies or cookies containing THC which results in a prosecution for a first degree felony and a client facing a potential life sentence. It is so important to call us as soon as possible after an arrest in a situation like this so we can do everything possible to intervene with the prosecuting authority to try to get the charge downgraded.

Contact our Tarrant County Possession of a Controlled Substance Defense Attorneys Today!

Time is of the essence with all defense cases. Work with some of the best drug lawyers in the Dallas-Fort Worth area. Contact Westfall Sellers at 817-345-7978 before you speak to any law enforcement agency!

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