Possession of a Controlled Substance While Armed in Texas
In Texas, possession of a controlled substance while armed is a serious criminal offense that can result in significant penalties. Under Texas law, it is illegal to possess any amount of a controlled substance. Such as cocaine, heroin, or methamphetamine, while carrying a weapon, including a gun or knife.
Possession of a controlled substance while armed is considered a felony offense in Texas. The penalties for this crime can vary depending on the type and amount of the controlled substance involved. As well as the type of weapon and whether the offender has any prior criminal history.
It is important to note that Texas has strict laws when it comes to drug offenses the penalties for possession of a controlled substance while armed can be severe. If you are facing charges for this crime, it is important to consult with an experienced criminal defense attorney who can help you understand your legal options and work to protect your rights.
Penalties
The penalties for possession of a controlled substance while armed in Texas can include:
- A felony offense, which can result in a prison sentence of 2 to 99 years. Depending on the circumstances of the offense.
- A fine of up to $10,000 and loss of the right to own or possess firearms.
- The offense can be enhanced to a higher degree felony if certain factors are present. Such as possession of a large amount of drugs or possession with intent to distribute.
- The offense can also impact other areas of a person’s life. Such as their employment opportunities and their ability to obtain certain licenses or certifications.
- Individuals may also face additional charges. Such as unlawful possession of a firearm or possession with intent to distribute.
It’s important to note that the specific penalties for possession of a controlled substance while armed in Texas can vary depending on the individual circumstances of the case. An experienced criminal defense attorney can provide more information and guidance based on the details of the case.
Potential Defenses for Possession of a Controlled Substance while Armed
There are several defenses that a person can use when facing charges for possession of a controlled substance while armed. Here are some common defenses:
- Illegal Search and Seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the drugs or weapons were obtained through an illegal search. Then the evidence may be suppressed and the charges dismissed.
- Lack of Possession: In order to be convicted of possession of a controlled substance while armed, the individual must have actual or constructive possession of the drugs and the weapon. If the drugs or weapon were found in a location where the individual did not have control or possession. Then they may not be guilty of the offense.
- Lack of Knowledge: The prosecution must prove that the individual knew or had reason to know that the drugs and the weapon were in their possession. If the individual can prove that they did not know about the drugs or the weapon. Then they may not be guilty of the offense.
- Prescription or Medical Need: If the individual has a valid prescription for the controlled substance or has a medical need for the substance. Then they may have a defense to the charges.
- Unlawful Police Conduct: If the individual can prove that law enforcement engaged in unlawful conduct, such as entrapment or coercion. Then they may have a defense to the charges.
Arrested? Don’t Plea, Call Me!
If you are facing drug charges for possession of a controlled substance while armed or any other drug-related offense. It is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense lawyer we can review the facts of your case, investigate the charges against you, and develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential drug crimes consequences of a conviction. Including the possibility of jail time, fines, and other penalties, and work to minimize the impact of the charges on your life and future.
Overall, the criminal justice system can be complex and intimidating. Having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.