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Drug Cases2020-06-09T17:26:21+00:00

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.”

Frank Sellers protected my rights from the day I hired him. I was wrongfully investigated for a crime I never commit, and Frank was very effective in the defense during the process. He literally saved my career, my reputation, my life. He is the best attorney in Texas!

Anonymous School Teacher

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.

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 DeliveryWeight for PossessionClassificationPenalty for Manufacture or DeliveryPenalty for Possession
¼ ounce or less, given, not for payment<2 ouncesClass B MisdemeanorNot more than 180 days in a county jail and/or a fine not to exceed $2,000
¼ ounce or less, for payment2 – 4 ouncesClass A MisdemeanorNot more than 1 year in a county jail and/or a fine not to exceed $4,000
¼ ounces – 5 pounds4 ounces – 5 poundsState Jail Felony180 days – 2 years in a state jail and/or a fine not to exceed $10,000Not more than 2 year in a state jail and/or a fine not to exceed $10,000
5 – 50 pounds3rd Degree Felony2 – 10 years in state prison and/or a fine not to exceed $10,000
2nd Degree Felony2 – 20 years in a state prison and/or a fine not to exceed $10,000
50 – 2,000 pounds (1 ton)2nd Degree Felony2 – 20 years in state prison and/or a fine not to exceed $10,000
1st Degree Felony5 – 99 years in a state prison and/or a fine not to exceed $10,000
>2,000 pounds1st Degree Felony5 – 99 years in prison and a fine not to exceed $10,000
Enhanced 1st Degree Felony10 – 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 DeliveryWeight for PossessionClassificationPenalty for Manufacture or DeliveryPenalty for Possession
¼ ounce or less, given, not for payment<2 ouncesClass B MisdemeanorNot more than 180 days in a county jail and/or a fine not to exceed $2,000
¼ ounce or less, for payment2 – 4 ouncesClass A MisdemeanorNot more than 1 year in a county jail and/or a fine not to exceed $4,000
¼ ounces – 5 pounds4 ounces – 5 poundsState Jail Felony180 days – 2 years in a state jail and/or a fine not to exceed $10,000Not more than 2 year in a state jail and/or a fine not to exceed $10,000
5 – 50 pounds3rd Degree Felony2 – 10 years in state prison and/or a fine not to exceed $10,000
2nd Degree Felony2 – 20 years in a state prison and/or a fine not to exceed $10,000
50 – 2,000 pounds (1 ton)2nd Degree Felony2 – 20 years in state prison and/or a fine not to exceed $10,000
1st Degree Felony5 – 99 years in a state prison and/or a fine not to exceed $10,000
>2,000 pounds1st Degree Felony5 – 99 years in prison and a fine not to exceed $10,000
Enhanced 1st Degree Felony10 – 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

QuantityClassification for Manufacture or DeliveryClassification for PossessionPenalty for Manufacture or DeliveryPenalty for Possession
<20 UnitsState Jail Felony180 days – 2 years in a state jail and a fine up to $10,000
20 to 80 Units2nd Degree Felony3rd Degree Felony2 – 20 years in state prison and a fine up to $10,0002 – 10 years in state prison and a fine up to $10,000
80 to 4000 Units1st Degree Felony2nd Degree Felony5 – 99 years in state prison and a fine up to $10,0002 – 20 years in state prison and a fine up to $10,000
4000 to 8000 UnitsEnhanced Felony 11st Degree Felony10 – 99 years in state prison and a fine up to $100,0005 – 99 years in state prison and a fine up to $10,000
>8000 UnitsEnhanced Felony 115 – 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

QuantityClassification for Manufacture or DeliveryClassification for PossessionPenalty for Manufacture or DeliveryPenalty for Possession
<1 gramState Jail Felony180 days – 2 years in a state jail and a fine up to $10,000
1 to 4 grams2nd Degree Felony3rd Degree Felony2 – 20 years in state prison and a fine up to $10,0002 – 10 years in state prison and a fine up to $10,000
4 to 400 grams1st Degree Felony2nd Degree Felony5 – 99 years in state prison and a fine up to $10,0002 – 20 years in state prison and a fine up to $10,000
>400 gramsEnhanced Felony 11st Degree Felony10 – 99 years in state prison and a fine up to $100,0005 – 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 DeliveryPossession
WeightClassificationPenaltyWeightClassificationPenalty
<1 gramState Jail Felony180 days – 2 years in a state jail and a fine up to $10,000Less than 2 ouncesClass B MisdemeanorUp to 180 days in a county jail and a fine up to $2,000
1 to 4 grams2nd Degree Felony2 – 20 years in state prison and a fine up to $10,0002 – 4 ouncesClass A MisdemeanorUp to 1 year in a county jail and a fine up to $4,000
4 to 400 grams1st Degree Felony5 – 99 years in state prison and a fine up to $10,0004 ounces – 5 poundsState Jail Felony180 days – 2 years in a state jail and a fine up to $10,000
>400 gramsEnhanced Felony 110 – 99 years in state prison and a fine up to $100,0005 – 50 pounds3rd Degree Felony2 – 10 years in state prison and a fine up to $10,000
50 – 2,000 pounds2nd Degree Felony2 – 20 years in state prison and a fine up to $10,000
Over 2,000 pounds1st Degree Felony5 – 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 DeliveryPossession
WeightClassificationPenaltyClassificationPenalty
<28 gramsState Jail Felony180 days – 2 years in a state jail and a fine up to $10,000Class A MisdemeanorUp to 1 year in a county jail and a fine up to $4,000
28 to 200 grams2nd Degree Felony2 – 20 years in state prison and a fine up to $10,0003rd degree felony2 – 10 years in state prison and a fine up to $10,000
200 to 400 grams1st Degree Felony5 – 99 years in state prison and a fine up to $10,0002nd degree felony2 – 20 years in state prison and a fine up to $10,000
>400 gramsEnhanced Felony 110 – 99 years in state prison and a fine up to $100,0001st degree felony5 – 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

WeightClassification for Manufacture or DeliveryClassification for PossessionPenalty for Manufacture or DeliveryPenalty for Possession
<28 gramsState Jail FelonyClass B Misdemeanor180 days – 2 years in a state jail and a fine up to $10,000Up to 180 days in a county jail and a fine up to $2,000
28 to 200 grams2nd Degree Felony3rd Degree Felony2 – 20 years in state prison and a fine up to $10,0002 – 10 years in state prison and a fine up to $10,000
200 to 400 grams1st Degree Felony2nd Degree Felony5 – 99 years in state prison and a fine up to $10,0002 – 20 years in state prison and a fine up to $10,000
>400 gramsEnhanced Felony 11st Degree Felony10 – 99 years in state prison and a fine up to $100,0005 – 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, though, so give us a call.  Please contact us at 817-345-7978 before you speak to any law enforcement agency!