Facing a drug charge in the San Antonio area can put your future at risk. As a major transportation hub, our region experiences aggressive enforcement of drug laws, and a conviction in Texas carries severe, life-altering penalties. At Lance Kennedy Law, we understand the profound stress an accusation like this causes, and we want you to know that you do not have to go through this alone. Our team is here to provide the steadfast support and dedicated defense you need through every step of the process.
Our work begins by carefully reviewing every detail of the government’s case against you—from the initial stop and search's legality to how the evidence was handled. This thorough examination is fundamental to protecting your constitutional rights. We are committed to providing the clear, determined guidance required to defend your freedom and help you get your life back.
If you have been arrested, contact our San Antonio drug crimes attorneys at (737) 324-7540 for a free and confidential discussion.
Common Drug Crimes Prosecuted in Texas
To build a defense, we first analyze the charge against you. Texas law creates distinct drug offenses, but the most common is Possession of a Controlled Substance (POCS). To convict you, the state must prove you knowingly had control over a drug. This "knowing possession" is often the weakest point in the prosecution's case, especially in situations with multiple people in a car, where the critical question becomes: to whom did the drugs belong?
The charges increase in severity to Manufacturing, which covers any involvement in drug production, and the most serious, Delivery or Trafficking. For a trafficking charge, prosecutors do not need a witness to a sale. Instead, they build a case for "intent to sell" using circumstantial evidence. This means they will use the weight of the drugs, the discovery of scales or baggies, or the presence of large amounts of cash as proof of a larger operation.
Understanding Texas Drug Penalty Groups & Weight Brackets
The severity of a drug charge in Texas is not based on intent or background, but on a cold, mathematical formula. The potential penalty is dictated by the drug's assigned "Penalty Group" and its exact weight. The law classifies substances into these groups, with Penalty Group 1 (PG1)—containing drugs like cocaine, heroin, and methamphetamine—carrying the harshest consequences.
This system creates dangerous "cliffs" in the law. Because punishment is tied to rigid weight brackets, a difference of less than a single gram can be the sole reason a charge jumps to a higher felony level, potentially adding years to a sentence. This unforgiving, weight-based structure makes a diligent and precise defense critical.
Potential Penalties for Texas Drug Convictions
A drug conviction in Texas carries a broad spectrum of potential penalties, from fines to life in prison, all clearly defined by law. Understanding where a charge falls on this spectrum is critical.
Misdemeanor Penalties
While less severe than felonies, a misdemeanor conviction still results in a permanent criminal record and can include significant jail time and fines.
You could face the following penalties for a misdemeanor charge:
Class B Misdemeanor: Punishable by up to 180 days in county jail and a fine of up to $2,000.
Class A Misdemeanor: Punishable by up to 1 year in county jail and a fine of up to $4,000.
Felony Penalties
Felony convictions involve the possibility of time in a state jail or prison facility and can dramatically alter the course of your life.
Potential penalties for felony convictions include:
State Jail Felony: Punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.
Third-Degree Felony: Carries a sentence of 2 to 10 years in a Texas state prison and a fine of up to $10,000.
Second-Degree Felony: Carries a sentence of 2 to 20 years in prison and a fine of up to $10,000.
First-Degree Felony: Punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
Furthermore, cases involving substantial drug quantities can trigger statutory enhancements. These enhancements can impose mandatory minimum sentences of 10, 15, or even 25 years, removing a judge’s discretion to issue a lower sentence.
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Your constitutional rights are the bedrock of your defense. We will conduct a deep analysis of every action taken by the San Antonio Police Department (SAPD) or the Bexar County Sheriff's Office in your case. Was the initial traffic stop lawful? Did the officer have the legal authority to search your car, home, or person?
If officers violated the Constitution, the evidence they gathered can be suppressed, meaning the prosecutor cannot use it against you. This can lead to a reduction of charges or a complete dismissal. Beyond these vital constitutional challenges, we will attack the evidence itself, questioning the chain of custody, the accuracy of the lab analysis, and whether the state can truly prove the substance was yours.
However, when a case involves large-scale trafficking or has ties to a larger criminal organization, federal agencies like the DEA and HSI may take control. This moves the case into the United States District Court for the Western District of Texas—a challenging environment with much higher stakes. The federal system is defined by immense government resources and unforgiving sentencing laws, including mandatory minimums that require a judge to impose a five or ten-year prison sentence.
Navigating this high-stakes environment demands a comprehensive understanding of federal procedures. With former federal prosecutors on our team, we have direct insight into how the government builds, negotiates, and tries these complex cases.
Do not wait to get the help you need. Contact us online or call (737) 324-7540 today to begin building a defense with a drug crimes lawyer in San Antonio.
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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Let’s discuss your case, your goals, and what strategies are right for you.
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