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McKinney, TX Cocaine Possession Lawyers

Attorneys Defending Against Drug Possession Charges Involving Cocaine in McKinney, Texas

A cocaine possession charge is treated as a serious felony matter under Texas law, even when the amount involved is small. Because of how this substance is classified, a conviction can result in a lengthy prison sentence and a permanent felony record, regardless of a person's criminal history or the circumstances surrounding the arrest. People who have been arrested for drug crimes involving cocaine will need to understand their legal options and make sure they have representation from a skilled and experienced criminal defense lawyer.

At Texas Defense Firm, our attorneys can provide legal help for clients in McKinney, other cities in the Dallas area, and locations throughout North Texas who are facing cocaine possession charges. We understand the defense strategies that may be used in these cases, and we will work to resolve matters in ways that will help clients avoid long-term penalties and receive treatment for drug addiction when necessary.

Why Cocaine Is Treated as a Particularly Dangerous Drug

Texas law organizes controlled substances into different penalty groups. Cocaine is classified within Penalty Group 1, the category reserved for substances that have the highest potential for abuse, addiction, and other forms of harm. This same category includes heroin, methamphetamine, and other drugs that are considered to be dangerous.

Because cocaine falls within the most serious classification, the penalties that people may face when they are charged with drug possession are much harsher than those that would apply for drugs in other penalty groups. Most of the time, people will face felony charges, and convictions can lead to multiple types of severe penalties.

Due to the effects that cocaine can have on users, people who are accused of cocaine possession will be more likely to face harsh penalties. The drug has a high potential for addiction and abuse, and its use can also lead to safety concerns like overdoses. Prosecutors in Texas will usually pursue felony charges in cocaine possession cases, and the specific penalties that may apply will typically be based on the weight of the drugs in a person's possession.

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Penalties for Cocaine Possession

Because cocaine is included in Penalty Group 1, possession of a very small quantity is considered to be a felony offense. The penalties for specific amounts may include:

  • Possession of Less Than One Gram of Cocaine: State jail felony, punishable by confinement in a state jail facility for 180 days to two years
  • Possession of One to Four Grams of Cocaine: Third-degree felony, punishable by two to 10 years in prison
  • Possession of Four to 200 Grams of Cocaine: Second-degree felony, punishable by two to 20 years in prison
  • Possession of 200 to 400 Grams of Cocaine: First-degree felony, punishable by five to 99 years or life in prison
  • Possession of More Than 400 Grams of Cocaine: Enhanced first-degree felony, with a punishment range of 10 to 99 years or life in prison, along with a fine of up to $100,000

Due to the charges that may apply for just a few grams of cocaine, the weight determination made by a forensic laboratory can have a huge impact on the severity of the charges a person may face. A difference of a fraction of a gram can mean the difference between a state jail felony and a much more serious felony charge. Our lawyers can review how substances were tested and how weights were determined to identify challenges and take steps to reduce the charges our clients may face.

When Cocaine Charges May Escalate to Possession With Intent to Distribute

A cocaine possession charge can become much more serious if a prosecutor claims that a person possessed the substance with the intent to sell or distribute it to other people. These offenses are generally referred to as possession with intent to distribute. A prosecutor may not necessarily need to prove that an actual sale took place. Instead, they may argue that the evidence in a case indicated that a person intended to sell or distribute cocaine.

Evidence that may be used to support a charge of possession with intent to distribute may be related to the total amount of cocaine recovered. A person who possessed a large amount of the drug may be accused of intending to sell it to other people. Other evidence may include scales that may have been used to weigh cocaine or small plastic bags or vials used to distribute drugs to others. Large amounts of cash may indicate that drug sales had occurred, or text messages, phone calls, and other communications may be reviewed to determine whether a person communicated with buyers to sell drugs.

Defense Strategies in Cocaine Possession Cases

Our attorneys will review every aspect of a cocaine possession case. We may challenge the legality of searches performed by law enforcement, showing that officers performed searches without warrants or went beyond what a search warrant allowed. We may also challenge the accuracy of lab tests used to identify and weigh the drugs involved in a case. Our team will work to challenge the circumstantial evidence that may be used to charge a person with possession of cocaine with intent to distribute, and we can determine whether diversion programs or other options may be available to help a person avoid a felony conviction.

Contact Our McKinney Cocaine Possession Lawyers

Because of the serious felony charges and severe penalties that can apply in criminal cases involving cocaine possession, legal representation is crucial for people who have been accused of these offenses. At Texas Defense Firm, our lawyers can make sure defendants in these cases take the right steps to defend against convictions. We will fight to protect our clients' rights at all times as we work to resolve cases successfully. Contact our McKinney, TX cocaine possession defense attorneys at 972-369-0577 to arrange a free consultation.