San Antonio Controlled Substance Possession Attorney

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Defense for Drug Possession Cases

Your San Antonio Drug Possession Attorney

Under Texas drug laws, those facing drug possession charges may deal with incredibly severe penalties, ranging from misdemeanor offenses to felony charges. That’s why you need an experienced drug possession attorney.

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How a San Antonio Drug Possession Lawyer Can Help

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Rely on John for Strong Drug Possession Defense

FIf you're facing drug possession offenses in San Antonio, TX, you need representation from a reliable drug crimes attorney to potentially avoid jail time and a permanent criminal record. Here at the Law Office of John G. Perez Jr., John has the skills and experience needed to help you navigate the Bexar County legal system after being charged with a drug offense.

Drug offenders are at risk of serious jail time, but a capable drug possession law attorney can help you fight to reduce your penalties. John is highly knowledgeable about Texas laws on drug possession convictions, and he has a thorough understanding of the local laws that may affect your case in San Antonio. John believes in fighting for a dismissal in every case, and he will fight tirelessly to achieve a favorable outcome in your case. If you may be or have been charged with possession of illegal substances, you can count on John to defend your freedom and your reputation. Let John worry so you don’t have to.

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Understanding Charges: Penalty Groups

Penalty groups are categories of drugs based on the type of drug and the state’s view of how dangerous those drugs are. The lower the penalty number, the more potential danger it carries. For example, prescription medications fall into Penalty Group 4 because they have a low potential for abuse, while methamphetamine would fall into Penalty Group 1 as a drug with a high potential for abuse.

Critically, marijuana possession sometimes falls outside the typical penalty group structure. Raw, unprocessed marijuana is not categorized using the penalty system and instead carries its own unique charges. However, THC concentrates, such as dab pens, fall into Penalty Group 2.

To learn more about which penalty group your case involves, don’t hesitate to reach out to our legal team for a FREE case evaluation.

Texas Drug Possession Charges

The charges for possessing drugs and drug paraphernalia in Texas can range from as low as a Class C misdemeanor to a first-degree felony. The charges you face will depend on the amount of drugs you were found in possession of and the penalty group to which those drugs belong. Keep in mind that a higher penalty group won’t always land you with higher charges, as charges take into account typical trafficking volumes for these substances.

  • Class C Misdemeanor – Possession of drug paraphernalia.
  • Class B Misdemeanor – Possession of less than 2 oz. of marijuana; less than 28 grams of Penalty Group 4; or less than 2 oz. of Penalty Group 2-A.
  • Class A Misdemeanor – Possession of 2 to 4 oz. of marijuana; less than 28 grams of Penalty Group 3; or 2 oz. to less than 4 oz. of Penalty Group 2-A.
  • State Jail Felony – Possession of 4 oz. to less than 5 lbs. of marijuana; 4 oz. to less than 5 lbs. of Penalty Group 2-A; less than 1 gram of Penalty Group 2; less than 1 gram of Penalty Group 1-B; fewer than 20 units of Penalty Group 1-A; or less than 1 gram of Penalty Group 1.
  • Third-Degree Felony – Possession of 5 lbs. to less than 50 lbs. of marijuana; 28 grams to less than 200 grams of Penalty Group 4 or Penalty Group 3; 5 lbs. to less than 50 lbs. of Penalty Group 2-A; 1 gram to less than 4 grams of Penalty Group 2; 1 gram to less than 4 grams of Penalty Group 1-B; 20 units to less than 80 units of Penalty Group 1-A; or 1 gram to less than 4 grams of Penalty Group 1.
  • Second-Degree Felony – Possession of 50 lbs. to less than 2,000 lbs. of marijuana; 200 grams to less than 400 grams of Penalty Group 4 or Penalty Group 3; 50 lbs. to less than 2,000 lbs. of Penalty Group 2-A; 4 grams to less than 400 grams of Penalty Group 2; 4 grams to less than 200 grams of Penalty Group 1-B; 80 units to less than 4,000 units of Penalty Group 1-A; or 4 grams to less than 200 grams of Penalty Group 1.
  • First Degree Felony – 200 grams to less than 400 grams of Penalty Group 1-B; 4,000 units to less than 8,000 units of Penalty Group 1-A; or 200 grams to less than 400 grams of Penalty Group 1.
  • Enhanced First-Degree Felony – Possession of 2,000 lbs. or more of marijuana; 400 grams or more of Penalty Group 4 or Penalty Group 3; 2,000 lbs. or more of Penalty Group 2-A; 400 grams or more of Penalty Group 2; 400 grams or more of Penalty Group 1-B; 8,000 units or more of Penalty Group 1-A; or 400 grams or more of Penalty Group 1.

How to Fight Possession Charges in the Bexar County Legal System

Whether you’ve been charged with possessing marijuana, anabolic steroids, or other prescription drugs, your attorney has options for fighting your charges in the San Antonio criminal justice system. A few tactics include:

  • Challenge the Arrest or Search – Your lawyer may argue that law enforcement officials acted improperly or unlawfully during their arrest or search. The San Antonio Police Department is required to follow strict procedures.
  • Prove Lack of Possession – If you weren’t aware of possessing or didn’t actually possess the drugs, this may get your case dismissed. Your attorney can also prove you had a valid prescription for the substance involved.
  • Claim Mistaken Identity – If the drugs in question actually belonged to someone else, your lawyer can use that in their defense strategy.
  • Pursue Diversion Programs – Turning to local resources for help with drug addictions can result in lower charges, particularly for first-time possession offenders.

What Is Constructive Possession?

Unfortunately, there are some cases in which you may be charged even though you were not in direct control of the drug. This is known as constructive possession. For example, if you were in a vehicle and a police officer discovers illegal substances in the glove compartment, you may be charged whether or not you were the one who stored the drugs in the vehicle in the first place.

If you are facing charges for constructive possession in San Antonio, you need legal representation from an experienced attorney. Fighting these criminal charges can be complex, and a conviction can lead to possible penalties ranging from hefty fines to jail time. A drug possession lawyer has in-depth knowledge of controlled substance and marijuana laws, and they can help you attempt to avoid the most severe penalties. San Antonio residents can count on the Law Office of John G. Perez Jr. for assistance with the legal process. We’ll fight to get you a positive outcome after being charged with drug possession in San Antonio.

For controlled substance and marijuana possession in San Antonio, you can count on the Law Office of John G. Perez Jr. Get your FREE case evaluation.



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