Texas Lawyers Handle Cases Involving Controlled Substances
Experienced criminal defense attorneys defend the rights of the accused
Fighting a drug charge effectively starts with hiring an attorney who has extensive knowledge of the relevant law combined with real-world experience handling these often complicated matters. Located in Houston, Patrick M. Kelley, Attorney at Law provides this type of representation to Texans who have been charged with drug possession, sale or manufacture. Attorneys Patrick Kelley and Julie Jones served as prosecutors within the state and now focus on cases pertaining to alleged misconduct involving controlled substances. Relying on more than 65 years of combined experience and thousands of criminal cases, we arm clients with the knowledge and support they need to assert their rights and to secure a favorable outcome.
Knowledgeable firm outlines penalties associated with specific drugs
Punishment for drug crimes is based on the Texas Controlled Substances Act’s classification of substances into several penalty groups. This means that the sentence for manufacturing or delivery of heroin is harsher than for a similar crime involving Valium. However, with the exception of some low-level counts for less dangerous drugs, most offenses are felonies. If you’ve been accused of a drug crime, our accomplished defense lawyers will closely examine every aspect of your case to determine if you were subjected to an unlawful search and seizure. We’ll also explain where the drug at issue falls within the following Texas penalty groups:
- Penalty Group 1 — This category includes cocaine, heroin, methamphetamine, Fentanyl, oxycodone, PCP and GHB. Possession of any of these drugs is always a felony charge, with the particular degree determined by the weight of the drugs.
- Penalty Group 1-A — This category is primarily for LSD. Possession of any amount of LSD is always a felony charge, with the particular degree of felony determined by the number of LSD units or doses included in the charge, rather than the weight of the LSD.
- Penalty Group 2 — This category includes Ecstasy (MDMA), Adderall (amphetamine), and marijuana wax/oil (tetrahydrocannibinols). Unlawful possession of any of these drugs is always a felony charge, with the particular degree of felony determined by the weight of the drugs.
- Penalty Group 2-A — This category is for synthetic cannibinoids, known by many different street names such as spice, K-2 and fake weed. Possession of any of these drugs ranges from a Class “B” misdemeanor charge all the way up to a first degree felony charge depending on the weight of the synthetic drugs.
- Penalty Group 3 — This category covers prescription medications such as Xanax (alprazolam), Soma (carisoprodol), Vicodin (hydrocodone), Valium (diazepam), and Clonazepam. Illegal possession of any of these drugs ranges from a Class “A” misdemeanor charge all the way up to a first degree felony charge depending on the weight of the drugs.
- Penalty Group 4 — This group covers prescription medications such as cough syrup with codeine and Tylenol with codeine. Unlawful possession of any of these drugs ranges from a Class “B” misdemeanor all the way up to a felony charge depending on the weight of the drugs.
Marijuana possession in an amount consistent with personal use has been decriminalized in Harris County. Holders are sent to a pre-charge diversion program. However, illegal cultivation or sale can be punished severely and sometimes what might be sold as “pot” is actually a more dangerous synthetic substance, subjecting the person in possession to criminal penalties.
Contact an accomplished Houston drug crime defense lawyer
The criminal defense team at Patrick M. Kelley, Attorney at Law litigates on behalf of Houston-area clients accused of crimes related to controlled substances. To speak with a proven attorney, call 713-222-6363 or contact us online.