Austin Drug Crime Lawyer
Strong Defense for Drug Crime Charges in Texas
A drug charge can put your future, freedom, and reputation on the line.
Whether you’re facing a low-level possession charge or a serious trafficking allegation, ME Law, PLLC, offers straightforward legal guidance and an aggressive defense tailored to your case. We understand what’s at stake, and we know how to challenge the evidence and protect your rights.
Contact us online or at (512) 503-0707 to schedule a free consultation with our criminal defense attorney in Austin, TX, today.
What is a Drug Charge?
Types of Drug Charges in Texas
Texas drug law covers a wide range of offense, and each type of charge has unique legal elements. Here are some of the common controlled substances offenses in Texas:
- Possession of a controlled substance
- Possession with intent to distribute
- Possession of marijuana
- Possession of drug paraphernalia
- Drug manufacturing
- Drug trafficking
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Drug Schedules and Penalty Groups in Texas
Drug Schedules
The U.S. Drug Enforcement Administration (DEA) classifies drugs into five schedules based on their potential for abuse and medical use:
- Schedule I: No accepted medical use, high potential for abuse (e.g., heroin, LSD, ecstasy)
- Schedule II: High potential for abuse, limited medical use (e.g., cocaine, meth, oxycodone)
- Schedule III: Moderate to low potential for dependence (e.g., ketamine, anabolic steroids)
- Schedule IV: Lower potential for abuse (e.g., Xanax, Valium)
- Schedule V: Lowest potential for abuse, often used for medical purposes (e.g., cough syrups with codeine)
Texas Drug Penalty Groups
Texas drug laws often refer to the DEA schedules when assigning charges and penalties, but the state also uses its own classification system.
Texas law breaks controlled substances into Penalty Groups that help the courts determine how severe a charge may be. The following lists some of the drugs that are commonly found under each category:
- Penalty Group 1/1A: Cocaine, heroin, methamphetamine, Rohypnol, opioids, LSD (1A)
- Penalty Group 2/2A: Ecstasy, PCP, mushrooms, and synthetic cannabinoids
- Penalty Group 3: Xanax, Ritalin, Valium, anabolic steroids
- Penalty Group 4: Compounds with limited narcotics (often mixed with over-the-counter drugs)
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Drug Crime Penalties in Texas
Drug crime penalties in Texas vary widely depending on the type and amount of controlled substance involved and if the offense has to do with possession, manufacturing, or delivery. The more serious the drug type and quantity, the harsher the consequences. Enhancements can also apply for intent to distribute, drug-free zones, or prior convictions.
Here are some of the punishments and charges for drug crimes in Texas:
- Class C Misdemeanor: Up to $500 in fines
- Class B Misdemeanor: Up to 180 days in jail and/or $2,000 in fines
- Class A Misdemeanor: Up to 1 year in jail and/or $4,000 in fines
- State Jail Felony: 180 days to 2 years in jail and/or $10,000 in fines
- Third-Degree Felony: 2 to 10 years in prison and/or $10,000 in fines
- Second-Degree Felony: 2 to 20 years in prison and/or $10,000 in fines
- First-Degree Felony: 5 to 99 years (life) in prison and/or $250,000 in fines
Common Drug Crime Defenses
In drug crime cases, prosecutors must be able to prove that you knew the drug in question was a controlled substance and that you knew you were in possession of the drug in question.
Our criminal defense lawyer in Austin, TX, will examine every detail of your arrest and the state’s evidence to identify weak points in their case. A strong defense can make the difference between freedom and a conviction. Some common defenses include:
- Illegal Search and Seizure: If police violated your Fourth Amendment rights and did not obtain a search warrant, evidence obtained during the unlawful search and seizure may be deemed inadmissible in court.
- Lack of Knowledge or Intent: If you were unaware you were in possession of a controlled substance, lack of knowledge or intent is a viable defense.
- Entrapment: This occurs when law enforcement officers coerce or persuade someone to commit a crime they wouldn’t have otherwise. If you were pressured into committing a drug crime, our Austin criminal defense lawyer will argue entrapment.
- Medical Use Exceptions: In certain cases, prescriptions or medical use may be a valid defense.
Contact Our Austin Drug Crime Attorney Today
A drug charge doesn’t have to define your future. At ME Law, our Austin criminal defense attorney takes the time to understand your story, explore every legal option, and build a defense strategy that protects your rights at every turn. Our legal team is committed to helping you fight back against unfair charges, reduce penalties, or even get the case dismissed.
If you’ve been arrested for a drug crime in Austin, contact us today to schedule a free consultation by calling (512) 503-0707 or by filling out the contact form below.
What Our Clients Say
His communication was top-notch; I was kept informed every step of the way. Thanks to his dedication and hard work, I received a settlement that exceeded my expectations. I highly recommend Mikel Eggert to anyone facing property damage issues. He truly cares about his clients and works tirelessly to achieve the best outcomes!
Mikel Egger help me until the end and guiding me step by step and explaining everything perfectly.
100% recommend
M. Woodard
He was super timely with communications and most importantly helped resolve the issue without needing to escalate it to court.
I will definitely work with Mikel for future legal needs.
