Texas does not take possession or distribution of cocaine lightly. Even a gram of crack cocaine in your possession at the time of arrest can result in serious felony charges. The cocaine possession penalties and jail time will depend upon a variety of factors, including the amount of cocaine possessed. An experienced criminal defense attorney will fight to help you avoid a conviction.
San Antonio Cocaine Defense Lawyer
A conviction for possession of cocaine or delivering cocaine – including crack possession – carries serious penalties. If you are charged with possession, distribution or trafficking in cocaine in either state or federal court, contact an experienced San Antonio cocaine defense attorney at Goldstein & Orr.
The attorneys at Goldstein & Orr are nationally recognized, and they have provided quality representation to clients throughout the country. They are determined to help their clients by exploring every legal option possible. Call (210) 226-1463 for a free consultation.
Texas Cocaine Law Overview
The possession of a controlled substance is a serious crime. Possessing cocaine is illegal in all fifty states, as well as under federal law. This means, if a person is caught with cocaine in his or her possession in Texas, he or she most likely would face criminal charges. The penalties for the offense vary based on the amount of drug possessed.
Possession of less than 1 gram is considered a state jail felony, and possession of between one and four grams is a third-degree felony. If a person possesses between four and 200 grams it is considered a second-degree felony, while possession of 200 to 400 grams is a first-degree felony.
One of the most serious offenses is possession of more than 400 grams of cocaine. This is a severely punished criminal offense which could lead to between 10 and 99 years at Texas Dept. of Criminal Justice institution, a $100,000 fine or both. In some cases it could mean life in prison.
A person commits the offense of manufacture or delivery of cocaine if he or she “knowingly manufactures, delivers or possesses with intent to deliver” the cocaine, according to Texas Health & Safety Code Section 481.112(a). The statutory scheme prohibits all points of cocaine distribution from its original manufacture until its physical delivery to the ultimate consumer.
Under Section 481.002(8), the word deliver means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.” The term delivery includes offering to sell a controlled substance, counterfeit substance or drug paraphernalia.
Under Section 481.002(9), “delivery” or “drug transaction” means the act of delivering. Texas law provides for at least five ways to commit an offense under Section 481.112 including knowingly doing one of the following:
- An offer to sell
- Possession with intent to deliver
- Through knowing delivery by actual transfer
- Through knowing delivery by constructive transfer
In the case of drug crimes, many charges result from improper searches or a violation of an individual’s constitutional rights. Whether the arrest was made following a routine traffic stop or after the execution of a search warrant, the cocaine defense lawyer at Goldstein & Orr can examine any evidence gathered against you.
If the evidence was obtained through an illegal search or seizure, we file and litigate motions to suppress the physical evidence. If successful, the motions can ultimately lead to dismissal of the charges. The attorneys at Goldstein & Orr will fight to help you protect your rights.
Cocaine Possession Attorney in Bexar County
If you were arrested for cocaine possession or for any other drug-related offense, the San Antonio cocaine defense attorneys at Goldstein & Orr can help you combat the charges. We represent clients on a variety of cocaine charges throughout San Antonio and the surrounding areas. Contact us at (210) 226-1463 for a free phone evaluation about your case.