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Possession of a Controlled Substance in Texas

Call an Experienced Austin Drug Possession Attorney

The possession of drugs or drug paraphernalia is a serious crime that is heavily prosecuted in the State of Texas. If you find yourself faced with this charge, do not hesitate to get in touch with Carroll Troberman, PLLC. Our skilled Austin drug crimes attorneys share more than 30 years of experience and have handled thousands of cases.

Types of Possession

Possession of a controlled substance is defined as by the individual’s ability and intention to control the substance in question.

There are three different types of possession:

  • Actual possession: This occurs when the individual has physical possession and control of the substance.
  • Constructive possession: This occurs when the individual may not have the substance physically on their person, but it is found on this person’s property or in their control.
  • Shared possession: This occurs when an individual has partial control of the substance or was sharing the substance with another individual.

Is Possession of a Controlled Substance a Misdemeanor or Felony?

Being charged with possession of a controlled substance does not mean the same thing in every case. There are certain factors and variables that will change the penalties involved.

Three main factors are taken into consideration:

  • Type of drug: Being found with marijuana and being found in possession of cocaine will result in two very different outcomes if you are convicted. Methamphetamines and cocaine are in a different category of drugs and are punished more severely.
  • Quantity of the drug: If you are caught with large amounts of the drug, regardless of the type, you will more likely face felony charges.
  • Intent with the drug: Possession of a drug for personal use is typically punished less heavily than the possession of a drug with the intent to distribute it. The intent to distribute will usually bump your charges up to a felony.

Contact Carroll Troberman, PLLC for a FREE Case Consultation

To learn more about your legal options, we invite you to get in touch with our experienced Austin drug possession attorneys at Carroll Troberman, PLLC. We fight tirelessly on behalf of our clients and are proud to uphold a high standard of excellence in every case.

Contact us today to begin your defense.

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