Austin Drug Lawyer - Posession & Distribution

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Drug offenses are some of the most frequently charged crimes in the Austin area. The war on drugs has led to thousands of nonviolent drug offenders being incarcerated instead of getting the treatment that they need. The Law Office of Channing Neary has a record of successfully representing clients in the Austin area that have faced drug charges and can provide you with the dedicated defense that your case deserves.

Types of Drug Offenses in Texas

With the recent crackdown on drugs in Texas, both state and federal officials are pressing charges for drug offenses. The following are some of the charges that can be brought against you in state and federal court:

  • Drug possession;
  • Drug manufacturing/sale/trafficking;
  • Intent to sell/deliver;
  • Proximity charges (too close to schools or churches);
  • Property forfeiture; and
  • DWI (drug related).

In addition, state and federal officials may try to tack on additional charges that relate to the drug offense. These charges can include:

  • Weapons offenses;
  • Money laundering;
  • Possession of drug paraphernalia;
  • Prescription drug fraud;
  • Conspiracy;

…and other charges that can add to the penalties for the charged drug offense

Texas Drug Law and Consequences

State and federal officials can charge you with drug crimes in the state of Texas. Under state law, most of the drug crimes are defined in the Texas Health and Safety Code Chapter 481, otherwise known as the Texas Controlled Substances Act. In state court, drugs are classified according to the Texas Schedule of Controlled Substances. The higher that the drug is on the schedule, the harsher the penalty will be in court.

If any part of your drug charge includes crossing state lines, then the federal court has jurisdiction to bring its own criminal charges. Usually, federal charges stem from trafficking drugs as opposed to simple possession. The United States Code Controlled Substances Act dictates the charges and penalties for drugs on a federal level. It also has a federal schedule of controlled substances that defines the different levels of drugs, as well as their corresponding penalties.

Drug crimes range from simple misdemeanors to serious felony charges. The sentence that you can receive from being convicted of a drug crime depends on several factors, including the quantity and specific type of drug involved, whether it is state or federal charges, and whether there are any previous convictions on your criminal record. For example, a marijuana possession of less than 2 ounces imposes a maximum penalty of 180 days in jail. However, possessing more than that can have a sentence ranging anywhere from 180 days to 20 years in prison, along with fines up to $10,000. If you are caught possessing more than 2,000 pounds of marijuana then the judge could impose a life sentence. Possession of other drugs like cocaine, heroin, and methamphetamine comes with a mandatory minimum of two years in jail, and the penalties only get more severe from there.

Let an Austin Drug Defense Attorney Help

A drug charge is a serious offense, and most people facing drug crimes need help, and not incarceration. If you or someone that you know is being charged with a drug crime in Austin, call The Law Office of Channing Neary at 512-769-2371 or contact the office online today for a free and confidential consultation. Our office promises to provide you with the zealous and determined defense that your case requires.


Defense Experience

  • Marijuana
  • Cocaine
  • Heroin : Opiates
  • Intent to Distribute
  • Drug Possession
  • Drug Related DWI