Drug Offense Criminal Defense Attorneys Fighting For Your Rights

Fort Worth Drug Offense Attorneys

If you are faced with a drug charge under either state or federal law, you could be looking at serious prison time and fines. These cases get even more complicated if the federal authorities are involved, so it is in your best interest to contact an experienced attorney as soon as possible before an investigation starts.

What Determines if a Drug Crime Is a Misdemeanor or a Felony?

Texas considers two factors when determining if a drug crime will be a misdemeanor or a felony: the type of illegal substance and the amount of the substance.

Any amount of heroin, cocaine, methamphetamine, or amphetamine will result in a felony. Possession of marijuana will start off as a misdemeanor unless the amount exceeds 4 ounces. If you manufacture, deliver, attempt to deliver, and/or possess with the intent to deliver any type of illegal drug, you will face felony charges.

What Is Considered an Illegal Substance?

Under both state and federal law, certain categories of drugs have been named illegal to use, make, manufacture, share, distribute, sell, or possess. In Texas, drugs are divided into four categories known as penalty groups. There are seven illegal substance categories in the state of Texas:

  • Controlled Prescription Drugs (CPDs)
  • Heroin (can also be mixed with fentanyl)
  • Fentanyl and other synthetic opioids
  • Cocaine
  • Methamphetamine
  • Marijuana
  • New Psychoactive Substances (NPS)

Drug Penalty Groups in Texas

Drugs are divided into four penalty groups in Texas, which determines what type of drug charges and punishments an individual will receive for possession of said illegal substance. Here are the drug penalty groups, according to the Texas Controlled Substance Act:

  • Penalty Group 1: heroin, cocaine, and methamphetamine
  • Penalty Group 1-A: LSD
  • Penalty Group 2: THC, mescaline, PCP, psilocybin, and ecstasy
  • Penalty Group 2-A: Synthetic cannabinoids
  • Penalty Group 3: Valium, Xanax, hydrocodone, anabolic steroids, and Ritalin
  • Penalty Group 4: Codeine and opium

What Are the Penalties for Each Drug Penalty Group?

Texas Health and Safety Code defines the punishment ranges for drug penalty groups accordingly:

Group 1 Drug Offenses:

  • Possession of less than 1 gram is a state jail felony
  • Possession of more than 1 gram but less than 4 grams is a third-degree felony
  • Possession of more than 4 grams but less than 200 grams is a second-degree felony
  • Possession of more than 200 grams but less than 400 grams is a first-degree felony
  • If you are found more than 400 grams of this drug, you could face life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $100,000 fine

Group 1-A Drug Offenses:

  • If the number of drug units is less than 20, this is considered a state jail felony
  • If the number of drug units is more than 20, but less than 80, it is considered a third-degree felony
  • If the number of drug units is more than 80, but less than 4,000, it is considered a first-degree felony
  • Possession of more than 8,000 drug units could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and a fine of up to $250,000

Group 2 Drug Offenses:

  • Possession of less than 1 gram is considered a state jail felony
  • Possession of more than 1 gram but less than 4 grams is considered a third-degree felony
  • Possession of more than 4 grams but less than 400 grams is considered a second-degree felony
  • Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Group 3 Drug Offenses:

  • Possession of less than 28 grams is considered a Class A misdemeanor
  • Possession of more than 28 grams but less than 200 grams is a third-degree felony
  • Possession of more than 200 grams but less than 400 grams is a second-degree felony
  • Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Penalty Group 4 Drug Offenses:

  • Possession of less than 28 grams is considered a Class B misdemeanor
  • Possession of more than 28 grams but less than 200 grams is a third-degree felony
  • Possession of more than 200 grams but less than 400 grams is considered a second-degree felony
  • Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Turn to Our Fort Worth Drug Offense Lawyers for Help

For experienced legal counsel in your time of need, you should get in touch with our firm immediately. Drug offenses in Texas are serious, so do not hesitate to reach out to learn more about Texas state law as it pertains to drug offenses and how we can be of service.

Contact us online or call us at (817) 497-8148 for help with your drug offense case.

Meet Our Team 

Dedicated Family Law Professionals
  • Mark M. Childress
  • Desiree A. Hartwigsen
  • Elizabeth C. Barr
  • Sarah E. Robbins
  • Diondra D. Lindquist
  • Konnor Lee
  • Amie M. Wilson
  • Mark M. Childress Mark M. Childress

    Founding Attorney

    Areas of Practice Divorce Complex Divorce Family Law Custody & Visitation Property Division Adoption Military Divorce ...
    Mark M. Childress Photo
  • Desiree A. Hartwigsen Desiree A. Hartwigsen

    Associate Attorney

    Desiree A. Hartwigsen grew up in Stephenville, Texas where she graduated from Tarleton State University with a Bachelor of Science in Criminal Justice. During her time at Tarleton, Desiree studied abroad in London, England at Queen Mary’s University where she studied Comparative Criminal Justice.
    Desiree A. Hartwigsen Photo
  • Elizabeth C. Barr Elizabeth C. Barr

    Associate Attorney

    Elizabeth C. Barr is a Dallas/Fort Worth native. She attended college at the University of North Texas where she obtained a Bachelor of Arts in Political Science. Elizabeth’s eagerness to learn lead her to law school at Texas Wesleyan University School of Law where she obtained her Juris Doctorate Degree. While in law school Elizabeth knew she wanted to practice family law.
  • Sarah E. Robbins Sarah E. Robbins

    Associate Attorney

    Sarah E. Robbins is the newest member of the team at the Law Offices of Mark M. Childress, PLLC. She was born and raised in Colorado where she graduated from the University of Colorado with a Bachelor of Arts Degree in Psychology and a minor in communications. After a visit to her uncle’s law office at the age of six, Sarah decided to follow in her uncle’s footsteps and become a lawyer.
    Sarah E. Robbins Photo
  • Diondra D. Lindquist Diondra D. Lindquist

    Associate Attorney

    Diondra Denise Lindquist grew up in Norman, OK where she graduated from the University of Oklahoma with a Bachelor of Arts in ...
    Diondra D. Lindquist Photo
  • Konnor Lee Konnor Lee

    Associate Attorney

    Konnor Lee was raised in Arlington, TX and attended the University of Arkansas , where she graduated with a Bachelor of Arts ...
  • Amie M. Wilson Amie M. Wilson

    Paralegal

    Amie began working in family law as a receptionist in a small private practice where she was tasked with answering the telephone, corresponding with clients and court staff and handling a multitude of other administrative duties. Amie’s ability to multitask and her attention to detail lead her to be tasked with handling an overflow of paralegal work.
    Amie M. Wilson Photo

Why Choose Us for Your Family Matters?

  • Direct Access To Your Attorney

    Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need. 

  • Transparancy

    Honesty and transparency are critical in building trust with your attorney. You will always know what is going on with your case every step of the way.

  • Team Oriented

    At our firm you're not just a case number, our staff will always know the status of your case and help to make your situation more manageable.

  • Personalized Approach

    Our team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.

  • Rated by Super Lawyers - Rising Stars
  • Fort Worth Texas City Magazine - Top Attorneys
  • Best Divorce Lawyers in Fort Worth - Expertise 2020
  • Top Attorneys 2020 - Rated by 360 West Magazine
  • Top 10 Business - Thervo
  • Client Champion 2020- Martindale Hubbell