Defending Texans in Harris, Fort Bend, and Montgomery Counties & the Houston Metro Area
At Lance Kennedy Law, we understand how frightening and confusing it can be to face drug crime charges. Whether you were unaware of the illegality of your actions or simply made an honest mistake, having an experienced defense lawyer on your side can mean the difference between going to jail and preserving your freedom.
If you’re accused of a drug crime in Houston, don’t wait to secure the robust and strategic defense you deserve. Our drug crime defense attorneys have a wealth of knowledge and experience to defend your rights and reputation. We understand the high stakes involved in drug crime cases and are dedicated to pursuing a favorable outcome on your behalf.
When your liberty is on the line, put former prosecutors on your side with Lance Kennedy Law. Our nationally acclaimed firm has a proven track record of results and exclusively practices criminal law, giving you peace of mind that your future is in trusted hands. We are proud to be recognized by The National Trial Lawyers® and Super Lawyers® Rising Stars, an honor awarded to only 2.5% of lawyers in the state.
If you were arrested for a drug crime in Houston, choose a firm with former prosecution and DEA experience to defend your rights. Contact us online to discuss your case. Se habla español.
Common Drug Crimes We Defend Against
Possession
Drug possession can lead to serious penalties, even for small amounts. Whether you were caught with marijuana, cocaine, or a prescription drug, we can examine every detail of your arrest to develop a strong defense, from unlawful searches and seizures to whether you knowingly possessed the substance.
Distribution
Drug distribution refers to the intent to sell, share, or deliver drugs. This applies regardless of whether payment or compensation was involved. Distribution charges often rely on circumstantial evidence like text messages, baggies, or scales. We can identify weaknesses in the prosecution’s case to dismiss or reduce the charges.
Manufacturing
Drug manufacturing refers to the production, preparation, compounding, conversion, orprocessing of a controlled substance. This isn’t limited to large-scale drug labs, but also includes smaller operations. Our lawyers have a deep understanding of the legal complexities and technical evidence involved to aggressively defend your rights.
Trafficking
Drug trafficking refers to the transportation, distribution, or sale of large quantities of controlled substances, often across state or national borders. Trafficking charges carry severe penalties and frequently involve federal prosecution, making it crucial to have the right attorney on your side.
What Is the Texas Controlled Substances Act?
The Texas Controlled Substances Act governs the classification, regulation, possession, distribution, and manufacture of controlled substances. It plays a key role in determining the penalties for drug-related offenses by classifying drugs under different "penalty groups" based on their potential for abuse, accepted medical use, and risk of addiction.
The four primary categories include:
Penalty Group 1
This includes drugs with a high potential for abuse and no accepted medical use, such as dangerous narcotics like heroin, cocaine, methamphetamine, oxycodone, fentanyl, and ketamine. Possession of even less than one gram is a felony.
Penalty Group 2
This group includes dangerous drugs that have a lower abuse potential than Group 1, such as ecstasy (MDMA), PCP, synthetic cannabinoids, and mescaline. Even possessing small amounts can lead to felony charges.
Penalty Group 3
This includes drugs that are medically accepted, but have a potential for abuse, such as Xanax®, Ritalin®, and anabolic steroids. Possession can result in misdemeanor or felony charges, depending on the quantity and prior convictions.
Penalty Group 4
This includes certain prescription drugs with small amounts of narcotics, such as cough syrups with codeine. They have legitimate medical uses, but are still regulated due to their potential for abuse.
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Marijuana is not classified under the penalty group system, but is addressed separately under Texas Health and Safety Code § 481.121, which outlines the criminal offenses for possession of marijuana (referred to as “marihuana” in the statute). The penalties for marijuana possession are based on the amount or weight.
Some potential offenses include:
A class B misdemeanor for possessing two ounces or less.
A class A misdemeanor for possessing 2-4 ounces.
A state jail felony for possessing between four ounces and five pounds.
A third-degree felony for possessing 5-50 pounds.
A second-degree felony for possessing 50-2,000 pounds.
A first-degree felony for possessing more than 2,000 pounds.
What Are the Penalties for a Drug Crime Conviction?
The penalties for a drug crime conviction depend on the specific offense, penalty group, the type and quantity of the drug, and whether any aggravating circumstances are present, such as prior convictions or use of a deadly weapon.
The penalties for drug possession range from a class B misdemeanor (such as small amounts of marijuana) to felony charges for larger amounts of controlled substances, such as cocaine or methamphetamine. However, drug distribution, manufacturing, and trafficking typically carry felony charges with harsher penalties.
A felony conviction is punishable by 180 days in jail to life in prison, as well as fines ranging from $2,000 to $100,000. Regardless of the charges against you, consulting an experienced drug crime defense attorney is critical to challenge the evidence and minimize the lasting impacts of a conviction.
I Was Caught with Adderall® without a Prescription in Midtown. Will I Face Felony Charges?
Yes. If you were caught with Adderall® in Midtown without a valid prescription, you could face felony charges under state law. Adderall® contains amphetamine, a substance classified in Penalty Group 2. Possessing even small amounts without a prescription is generally charged as a state jail felony. Securing a skilled defense is essential to avoiding significant fines and jail time.
At Lance Kennedy Law, we have years of experience defending against drug crimes in Harris County. Our firm has worked with the DEA and has an in-depth knowledge of state and federal drug laws, making us well-equipped to safeguard your future. We can evaluate the details of your case and review every legal avenue to secure a fair outcome.
Being accused of a drug crime can be overwhelming, but you don’t have to fight the charges alone. Call (737) 324-7540 to schedule a free consultation with our award-winning defense attorneys.
Generally, police need a warrant to search your property. However, there are exceptions, such as if you give consent or if evidence is in plain view. You need to assert your rights politely but firmly and contact a criminal defense lawyer right away.
Possession charges typically involve smaller amounts for personal use, while possession with intent to distribute involves larger quantities or other evidence suggesting plans to sell the drugs. The latter carries more severe penalties.
In some cases, yes. Texas law allows for expungement or sealing of records under certain circumstances. Lance Kennedy can evaluate your situation and advise on your options.
“Constructive possession” means you can be charged even if the drugs weren’t physically on you. However, this can be challenged in court. Lance Kennedy will work to prove you didn’t have knowledge or control of the drugs.
This depends on the specifics of your case. While plea bargains can sometimes result in reduced charges or sentences, they’re not always in your best interest. Lance Kennedy will carefully evaluate any offers and advise you on the best course of action.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
