Austin Drug Lawyer
Aggressive Defense for Possession, Delivery, Trafficking & Prescription Cases
Texas takes drug charges seriously. Whether you’re accused of simple possession, possession with intent, manufacturing, or trafficking, you need an experienced Austin drug crime lawyer who can move fast, preserve evidence, and challenge the State at every step. Start with these quick guides from our team: Drug Possession in Austin — What You Need to Know and Strategies for Defending a Drug Possession Charge.
Common Drug Charges We Defend in Austin
Possession of Marijuana (POM)
Despite policy debates, marijuana remains illegal under Texas law. Penalties depend on weight and circumstances. See Travis County specifics: Penalties for Drug Possession in Travis County.
Possession of a Controlled Substance (POCS)
For non‑marijuana offenses, punishment hinges on the substance’s Penalty Group and amount. Learn how Texas charges scale: Levels of Drug Possession Charges and Are Drug Possession Charges a Felony?
Manufacture, Delivery, & Possession with Intent
Allegations of distribution or intent often rely on items like scales, packaging, or cash. We challenge inferences of intent and lab measurements. For higher‑level offenses, review Penalties for Drug Trafficking in Texas.
Drug Paraphernalia
Pipes, scales, baggies, syringes, and even common household items can trigger a paraphernalia charge. Read more: Penalties for Drug Paraphernalia in Austin.
Prescription & Pharmacy‑Related Offenses
Unauthorized possession, doctor shopping, forged scripts, or distribution of controlled prescription meds (e.g., Xanax, Oxycodone). Defenses often turn on prescription validity and quantity context.
Texas Drug Penalty Groups (Quick Guide)
Texas organizes controlled substances into “Penalty Groups,” which drive charge levels and sentencing ranges:
- Penalty Group 1 / 1A: Cocaine, heroin, meth, morphine, oxycodone, LSD (1A)
- Penalty Group 2 / 2A: MDMA/ecstasy, PCP, mushrooms, some synthetics (K2/spice)
- Penalty Group 3: Xanax, Valium, Ritalin, anabolic steroids
- Penalty Group 4: Certain codeine‑based meds and compounds
For an Austin‑specific penalty overview, see Travis County drug possession penalties.
What Is the Punishment for Drug Charges?
Class C Misdemeanor | Fine up to $500 | Drug paraphernalia (no jail) |
Class B Misdemeanor | Up to 180 days in jail & $2,000 fine | Marijuana < 2 oz. |
Class A Misdemeanor | Up to 1 year in jail & $4,000 fine | Example: Delivery of marijuana < ¼ oz. for money |
State Jail Felony | 180 days–2 years & up to $10,000 fine | PG1/PG2 possession < 1g; some delivery cases |
Third‑Degree Felony | 2–10 years & up to $10,000 fine | Higher weights (e.g., 1–4g PG1) |
Second‑Degree Felony | 2–20 years & up to $10,000 fine | Example: 4–200g PG1 possession |
First‑Degree Felony | 5–99 years & up to $10,000 fine | High weights; delivery/trafficking can be higher |
Sentences depend on substance, weight, enhancements (e.g., drug‑free zones), priors, and allegations of distribution. For trafficking ranges at higher weights, see this guide. For county‑level examples, see Travis County penalties.
Other Consequences You Should Know
- Permanent record: Even low‑level cases can leave a mark. Learn about clearing records: Expunctions in Texas and Benefits of Expungement.
- Firearms: Felony convictions affect firearm rights.
- Immigration: Many drug offenses trigger consequences under federal law.
- Work, housing, licensing: Background checks matter—ask us about expunging your record in Austin.
What the State Must Prove
The prosecution must prove each element beyond a reasonable doubt. In possession cases, that includes knowing possession and a lab‑confirmed controlled substance. “Possession” means care, custody, control, or management—mere presence near drugs is not enough. In delivery/intent cases, we attack assumptions drawn from packaging, cash, or texts.
Defense Strategies That Work
Illegal Stop, Search, or Seizure
No probable cause? Invalid warrant? Coerced “consent”? We move to suppress and exclude evidence. Know your rights during stops: What You Should Do if Stopped by Police and our Miranda Warnings explainer.
Possession Theories & “Mere Presence”
We challenge constructive possession and “joint” possession, especially in vehicle and roommate cases. See: Austin drug possession guide.
Lab Testing & Chain of Custody
We scrutinize field tests, GC/MS, sampling, weight calculations (mixture vs. pure), and every handoff that could break the chain. More here: defense strategies.
Mitigation, Reductions & Alternatives
We pursue dismissals, reductions to paraphernalia or lower counts, pretrial options where available, and deferred outcomes that preserve eligibility for expunction or nondisclosure when the law allows.
Outcomes & Clearing Your Record
Your first goal is avoiding a conviction. Your second is protecting your future. Depending on facts and eligibility, we’ll map a path to expunction or record clearing in Austin after the case ends.
What to Do Right Now
- Do not consent to any searches. Ask if you’re free to go.
- Remain silent and request a lawyer. Start here: Right to Remain Silent and When Miranda Applies.
- Call us 24/7: 512‑599‑9000. We’ll protect your rights immediately.
Looking for our broader drug‑charge overview? Visit Austin Drug Charges Lawyer.
Charged with a Drug Crime?
Your FREEDOM and your FUTURE are on the line. We move fast to protect both.
Types of Drugs & Prescription Cases We See Most
Illicit: Marijuana, cocaine, heroin, methamphetamine, LSD, PCP, MDMA/ecstasy, psilocybin. Prescription: Xanax, Oxycodone/OxyContin, Hydrocodone/Vicodin, Adderall/Ritalin, benzodiazepines, anabolic steroids.
Defense Starts Now
Multiple attorneys on our team are former law enforcement—we know how cases are built and where they fail. We will aggressively challenge the stop, search, lab results, “intent” inferences, and any statement the State wants to use. If your goal is dismissal and expunction, we design the strategy around it from day one.
Have Questions?
We’ll explain the process, timelines, and realistic outcomes for your facts in a Free Consultation. Prefer to read first? See our resources below.
Sworn to Protect Our
Client’s Liberty.
KEPT US UP TO DATE EACH STEP OF THE WAY
Stephen Bowling, reviewed our case and discussed his recommendations clearly. He kept us up to date each step of the way with continued explanations. He was readily available for questions/concerns through the process. We would reach out to them again in the future for any legal concerns.
Helen
VERY COMMUNICATIVE AND VERY UNDERSTANDING
Stephen is Great, Great , Lawyer!! He give you weekly updates on not just your case but also on what’s going on with his firm as well!!! Stephen is also very communicative and very understanding on any situation!! I would hands down Refer Stephen to anyone with any situation!!! Great job Stephen words can’t describe what you have done for me!!!!