Texas Cocaine Laws and Penalties

Drug laws in Texas are extremely harsh, and a conviction can lead to serious penalties and other life consequences. If you are currently charged with violating a Texas cocaine law, you need experienced legal representation in your corner as soon as possible.

A knowledgeable drug defense lawyer in Austin, Texas can determine your eligibility for various legal defenses. They can also represent you during all legal proceedings in court and fight for the best possible result on your behalf, whether that be a dismissal, acquittal, or favorable plea deal.

• One of the most common charges is possession of cocaine. This occurs when a person is caught with any amount of the drug in their possession. Whether it is for personal use or not, simply having cocaine can result in criminal charges. The severity of the charge often depends on the quantity of cocaine found. If the amount is small – for example, less than one gram – it may be considered personal use, leading to a lesser charge. However, any amount can lead to legal consequences.
• If a person is found with larger amounts of cocaine, they may be charged with possession with intent to distribute. This charge applies when police believe the person is holding the drug, not just for personal use but with the intention of selling it to others. This may be due to the amount of cocaine, the way it’s packaged, or the presence of items like scales and baggies that suggest drug distribution. Even without direct evidence of a sale, the suspicion of intent to distribute can lead to more serious charges.
• In addition to possession charges, a person can also face charges for the delivery or sale of cocaine. This occurs when someone is caught in the act of selling or distributing the drug. Selling even small amounts of cocaine can lead to serious legal charges.
• Lastly, cocaine trafficking is a major offense in Texas. Trafficking charges apply when a person is caught moving large quantities of cocaine across state lines or within the state with the intention to sell. This often involves multiple law enforcement agencies working together, as drug trafficking is seen as a large-scale operation with severe consequences for public safety.

To successfully obtain a conviction on one or more of these charges, the state prosecutor handling the case must prove each element of the charge beyond a reasonable doubt.

Potential Penalties for a Texas Cocaine Conviction

In Texas, the penalties for cocaine offenses can be severe, reflecting the state’s strict stance on drug-related crimes. The potential penalties upon conviction often vary significantly based on the amount involved and the nature of the offense.

• Possession of Cocaine – The penalties for possession depend on the quantity. If an individual is caught with less than one gram, they may face a State Jail Felony charge. This can lead to a prison sentence of 180 days to two years and a fine of up to $10,000. For possession of one gram to four grams, the charge escalates to a Third-Degree Felony, resulting in two to ten years in prison and a maximum fine of $10,000. Possessing four grams to 200 grams is classified as a Second-Degree Felony, which carries a sentence of two to 20 years and the same maximum fine. If someone is found with 200 grams or more, they face a First-Degree Felony charge, leading to a prison term of five to 99 years and fines of up to $100,000.
• Delivery and Distribution – Charges for distributing or delivering cocaine are equally serious. If caught delivering less than one gram, an individual can be charged with a State Jail Felony, resulting in the same potential penalties as possession. For delivery of one to four grams, the charge is a Third-Degree Felony. If the amount is between four and 200 grams, it becomes a Second-Degree Felony, while amounts over 200 grams lead to a First-Degree Felony charge.
• Manufacturing Cocaine – Manufacturing cocaine is treated very seriously in Texas. If someone is charged with this offense, they are typically looking at a First-Degree Felony, which can result in a prison sentence ranging from five years to life, along with substantial fines.
• Conspiracy to Distribute – Even if an individual is not directly involved in the actual delivery of cocaine, they may face conspiracy charges. If prosecutors can establish that a person intended to engage in drug trafficking, they may face significant penalties, depending on the amount involved.

Potential Collateral Consequences of a Cocaine Conviction in Texas

A cocaine conviction in Texas can lead to significant collateral consequences that extend beyond the immediate legal penalties. These repercussions can affect various aspects of an individual’s life. Some of the most common collateral consequences of a cocaine conviction in Texas include:

• Employment Opportunities – One of the most immediate collateral consequences is the impact on job prospects. Many employers conduct criminal background checks, and a felony conviction can disqualify an individual from certain positions – particularly those involving sensitive roles or safety concerns. Even for jobs that do not require background checks, the stigma associated with a drug conviction can hinder an applicant’s chances of being hired.
• Professional Licensing – A cocaine conviction can also affect professional licenses. Many fields, including healthcare, education, and law, require a clean record for licensing. A drug-related felony can result in the denial or revocation of licenses, making it challenging to pursue or maintain a career in these areas.
• Housing Challenges – Securing housing can also become more difficult after a cocaine conviction. Many landlords perform criminal background checks and may refuse to rent to individuals with felony records. This can limit options for stable housing, leading to further instability in a person’s life.
• Educational Opportunities – Individuals with drug convictions may face restrictions when applying for federal financial aid for education. A conviction can disqualify applicants from receiving grants, loans, or scholarships, making it harder to pursue higher education or vocational training.
• Child Custody Issues – A cocaine conviction can also affect child custody arrangements. Courts often consider criminal records when determining the best interests of a child. A drug-related felony may lead to reduced custody rights or even loss of parental rights, significantly affecting family dynamics.
• Community Stigma – The social stigma associated with a cocaine conviction can lead to isolation and judgment from peers and community members. This stigma can affect personal relationships and create barriers to rebuilding one’s life after a conviction.

Common Legal Defenses to a Cocaine Charge in Texas

When facing a cocaine charge in Texas, individuals may have several potential legal defenses available to them. Understanding these defenses can be key in determining the outcome of a case.

• Lack of Possession – One common defense is to argue that the accused did not have possession of the cocaine. In Texas, possession means having actual control over the substance. If the drugs were found in a location that the accused did not control, such as someone else’s car or home, this defense can be effective.
• Insufficient Evidence – Prosecutors must prove beyond a reasonable doubt that the accused possessed or distributed cocaine. If the evidence is weak or lacking, such as no physical drugs or insufficient witness testimony, the defense can argue for dismissal of the charges based on insufficient evidence.
• Unlawful Search and Seizure – Under the Fourth Amendment to the U.S. Constitution, individuals are protected against unreasonable searches and seizures. If law enforcement conducted an illegal search without probable cause or a valid warrant, any evidence obtained during that search may be inadmissible in court. This defense can lead to the dismissal of charges if the prosecution’s case relies heavily on illegally obtained evidence.
• Lack of Knowledge – In some cases, the accused may claim that they were unaware of the cocaine’s presence. If the accused can demonstrate that they had no knowledge of the drugs being in their possession (e.g., borrowing a friend’s bag without knowing that it contained cocaine), they may have a viable defense.
• Entrapment – If law enforcement induced the accused to commit a crime they would not have otherwise engaged in, they may be able to claim entrapment. This defense argues that the actions of law enforcement officers coerced the individual into committing the offense, which can lead to a complete dismissal of the charges.
• Addiction as a Mitigating Factor – While not a legal defense per se, demonstrating that an accused suffers from addiction can influence sentencing. In some cases, courts may opt for rehabilitation programs instead of harsh penalties, recognizing the need for treatment rather than punishment.
• Mistaken Identity – If the accused was misidentified as the person who committed the crime, they can argue mistaken identity. This is particularly relevant in cases where multiple individuals were present or the accused has a similar appearance to someone else.

Every drug case is unique, and an experienced criminal defense attorney in Texas can help determine the best strategy based on the specific circumstances involved.

Accepting a Plea Deal in Texas Versus Taking the Matter to Trial

When faced with a cocaine charge in Texas, accused individuals must often decide between accepting a plea deal or taking their case to trial. Each option has advantages and disadvantages, and understanding these can help individuals make an informed choice.

• Plea Deal – A plea deal, or plea bargain, involves negotiating an agreement with the prosecution. In this arrangement, the accused agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding trial. One significant advantage of accepting a plea deal is the certainty it provides. Accused individuals know the outcome ahead of time, which can help them avoid the unpredictability of a trial. Trials can be lengthy and stressful, with no guarantee of a favorable verdict.

Another benefit of a plea deal is the potential for a lighter sentence. For example, if someone is charged with possession of a larger amount of cocaine, they may negotiate down to a misdemeanor charge or a reduced felony charge. This can lead to probation instead of prison time, allowing individuals to maintain a semblance of their daily lives.

However, there are also downsides to accepting a plea deal. By pleading guilty, individuals forfeit their right to a trial and any chance of proving their innocence. Additionally, a guilty plea results in a criminal record, leading to long-term consequences, including difficulties with employment, housing, and education.

• Going to Trial – On the other hand, taking the case to trial allows accused individuals to contest the charges and present their case in front of a judge or jury. This route can be beneficial if there are strong defenses available, such as insufficient evidence or illegal search and seizure. A trial offers the opportunity to challenge the prosecution’s case and potentially achieve an acquittal.

However, going to trial also carries significant risks. Trials can be costly, requiring substantial legal fees and time. Additionally, if a jury finds the accused guilty, they may face harsher penalties than those offered in a plea deal. The uncertainty of a trial verdict can be daunting, and the emotional toll can be substantial.

The decision to accept a plea deal or go to trial on a cocaine charge in Texas requires careful consideration of the specific circumstances. Accused individuals should weigh the potential benefits and risks of each option and seek advice from a knowledgeable criminal defense attorney to make the best choice for their situation.

Call an Experienced Criminal Defense Lawyer in Texas about Your Case Today

If you are currently facing a cocaine-related charge in Texas, you need a knowledgeable criminal defense attorney on your side as quickly as possible. Your attorney can first meet with you to discuss the circumstances surrounding your charge, and then determine your available legal options. Your criminal defense lawyer will do everything they can to achieve the best possible result in your criminal case.