Drug Possession Lawyer Midland

Your Trusted Advocate for Drug Possession Charges in Midland

Facing drug possession charges in Midland can be daunting, but understanding and strategic legal support are key to managing this challenge. At Sarabia Law Firm, we offer personalized and comprehensive legal representation specifically for individuals in Midland and the surrounding Permian Basin region. 

Our strong local presence and dedication to each client ensure you receive the focused attention necessary to navigate legal challenges effectively. Understanding the intricacies of local laws, such as the Texas Controlled Substances Act, is crucial in building a robust defense.

Beyond legal knowledge, we emphasize understanding you as our client. This unique approach ensures we integrate every detail of your story into a customized legal strategy. By investigating evidence collection and analyzing local statute details, we ensure your defense is both strong and personalized, aimed at achieving the best possible outcome.

Facing drug possession charges? We offer free and virtual consultations. Contact a drug possession attorney in Midland to protect your future. Call (432) 224-8036 or reach out online.

Understanding Drug Possession Laws in Texas

In Texas, to secure a conviction for a drug possession offense, the prosecution must prove several key elements beyond a reasonable doubt:

• Possession: The state must prove that you were in possession of a controlled substance. This can be "actual possession" (the drugs are on your person) or "constructive possession" (the drugs are in a place you have control over, like your car or home).
• Knowledge: The state must prove that you knowingly possessed the controlled substance. This means they must demonstrate you were aware of the substance's existence and its illicit nature.
• Controlled Substance: The substance in question must be identified as a controlled substance under Texas law.

The prosecution's case often relies on the testimony of law enforcement, forensic experts, and circumstantial evidence. As a seasoned drug possession attorney in Midland, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Degrees of a Drug Possession Offense

In Texas, drug possession crimes can be classified as both misdemeanors and felonies, with the penalties escalating significantly based on the type of drug, the amount, and your criminal history. The least serious charges can be a Class B misdemeanor, while the most serious can be a first-degree felony or an enhanced felony.

• Marijuana Possession:
  • Less than 2 ounces is a Class B misdemeanor.
  • 2 to 4 ounces is a Class A misdemeanor.
  • 4 ounces to 5 pounds is a state jail felony.
• Controlled Substances: The penalties for possessing controlled substances in Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4 are much more severe.
  • Penalty Group 1 (e.g., cocaine, heroin, methamphetamine): Less than 1 gram is a state jail felony; 1-4 grams is a third-degree felony; 4-200 grams is a second-degree felony; and 200-400 grams is a first-degree felony.
  • Penalty Group 1-B (e.g., fentanyl): Penalties are similar to Penalty Group 1, with a conviction for possessing 200-400 grams being a first-degree felony.
  • Penalty Group 2 (e.g., ecstasy, psychedelic mushrooms): Less than 1 gram is a state jail felony; 1-4 grams is a third-degree felony; and 4-400 grams is a second-degree felony.
  • Penalty Group 2-A (e.g., K2/Spice): Less than 2 ounces is a Class B misdemeanor. 2 to 4 ounces is a Class A misdemeanor. 4 ounces to 5 pounds is a state jail felony.
  • Penalty Group 3 (e.g., Xanax, Valium): Less than 28 grams is a Class A misdemeanor; 28-200 grams is a third-degree felony.
  • Penalty Group 4 (e.g., opiates): Less than 28 grams is a Class B misdemeanor; 28-200 grams is a third-degree felony.

It is also important to note that a drug charge can be enhanced if the offense was committed in a drug-free zone, such as near a school or a daycare, or if it involved a minor. 

Our firm is prepared to handle all levels of drug charges and will fight to prevent any enhancement of your case. We are a comprehensive drug possession attorney in Midland.