Austin Marijuana Possession Lawyer
Marijuana is considered by many to be a relatively harmless substance, but under Texas law, even the simple possession of marijuana (Texas HS. Code Ann. Section 481.121) is treated as a serious criminal offense that can have substantial consequences. Aside from the criminal penalties, such as jail terms and serious fines, those who are convicted of marijuana possession may see their lives permanently impacted as a result of the establishment of a criminal record.
Ian Inglis Attorney at Law knows that no one in Austin wants to face the potential repercussions that could accompany a conviction of marijuana possession. Fortunately, with the help of a qualified legal representative, it is often possible to fight back against allegations of marijuana possession and avoid these unwanted penalties.
Charges Associated with Marijuana Possession
Criminal penalties for marijuana possession are linked to the amount of substance an individual is found to be in possession of. Therefore, depending on the amount of marijuana found in a person’s possession, the type of charge they will face will be one of the following:
- Class B Misdemeanor
- Class A Misdemeanor
- State Jail Felony
- Third-degree Felony
- Second-degree Felony
Regardless of which of these exact charges you are facing, having the help of a knowledgeable defense lawyer can be invaluable in protecting your rights, freedoms, and future.
Talk to a Marijuana Possession Attorney in Austin
Ian Inglis Attorney at Law knows what it takes to effectively defend clients against any charges related to marijuana possession and may be able to help you build a strong defense when you are dealing with such an offense. If you have been arrested and charged with marijuana possession, call (512) 472-1950 today. We will discuss the details of your case and help you understand your options for defending yourself.
Marijuana Possession FAQs
What are the penalties for marijuana possession?
The penalties for marijuana possession are dependent on the amount of the drug that is found in your possession at the time of arrest. Two ounces or less is considered a class B misdemeanor, two to four ounces is a class A misdemeanor, four ounces to five pounds is elevated to a state jail felony, five to 50 pounds is a third-degree felony, 50 to 2,000 pounds is a second-degree felony. Finally, any amount of marijuana over 2,000 pounds is classified as an enhanced first-degree felony. There are varying periods of jail time and fines associated with each of these charges, with more serious charges associated with greater penalties. For more information about the penalties for marijuana possession, please contact Ian Inglis Attorney at Law at (512) 472-1950 today.
What is considered possession?
According to the Texas Penal Code Section 1.07(39), the definition of “possession” is the “actual care, custody, control, or management” of a particular substance. This clarifies the meaning of possession and prevents issues with individuals being arrested for simply being near a controlled substance instead of in control or possession of it. Sometimes possession charges can be dropped if a defense attorney can prove that the circumstances of arrest do not constitute possession, so it is imperative to have a skilled and aggressive criminal defense attorney on your side to look for such instances. For more information about what constitutes possession, please Ian Inglis Attorney at Law at (512) 472-1950 today.
Are there any ways to keep this drug charge off my record?
If you are found not guilty or your charges are otherwise dropped, there will not be a drug charge on your record. Additionally, some first time offenders with a clean record may be eligible for deferred adjudication probation in which the defendant pleads guilty, but the judge instead “defers a finding of guilt” and puts you on probation for a period of time, after which your case will be dismissed and no final conviction determined, given that you do not violate your probation during that period. For more information about deferred adjudications and other ways to keep drug charges off your record, please contact any our qualified Austin marijuana possession attorneys from Ian Inglis Attorney at Law at (512) 472-1950 today.