Possessing a Controlled Substance While Armed in Texas

If you’ve been charged with possession of a controlled substance while armed in Texas, you’re facing serious legal consequences that can affect your life for years to come. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we understand the gravity of these charges and are ready to help you navigate the legal system. Here’s what you need to know about these charges, their penalties, and your options for defense.

What Is possession of a controlled substance while armed?

Texas takes drug offenses very seriously. When a weapon is involved, the stakes are even higher. Under Texas law, possession of a controlled substance is a criminal offense. The classification for this can range from misdemeanor to felony, depending on the type and amount of the drug involved. Controlled substances include various drugs, such as marijuana, cocaine, methamphetamine, heroin, and even prescription medications without a valid prescription.

When a person uses a firearm or other deadly weapon during the commission of a drug offense, the charges become more severe. The state sees this combination as a significant threat to public safety, and as a result, the penalties are much harsher.

What constitutes “possession”?

In Texas, “possession” is defined as having actual care, custody, control, or management of a controlled substance. The definition doesn’t necessarily mean the police have to find the drugs on your person—they could be in your car, home, or even in another location you have access to. The prosecution must prove that you knew the drugs were present and that you exercised control over them.

When a weapon is involved, the prosecution must prove that you were armed at the time of the drug offense. For instance, the state might need to show that you had a gun on your person, within reach or in close proximity to the drugs.

The impact of being armed

The presence of a firearm during a drug offense in Texas triggers additional legal consequences. Specifically, Texas Penal Code § 46.04 makes it illegal for a person convicted of a felony to possess a firearm. However, even if you are not a convicted felon, the combination of a controlled substance and a weapon can elevate the severity of the charges.

For example, possession of a small amount of marijuana might ordinarily be a misdemeanor, but if you’re found with a firearm at the same time, the charge could be enhanced to a felony. This enhancement means higher fines, longer prison sentences, and more severe collateral consequences.

Potential penalties and sentencing

The penalties for possession of a controlled substance while armed in Texas depend on several factors, including the type and quantity of the drug, whether the firearm was used or brandished, and your criminal history. Some of the potential penalties include:

• State jail felony: If convicted of a state jail felony, you could face 180 days to two years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: For third-degree felony charges, the penalties range from two to 10 years in prison and a fine of up to $10,000.
• Second-degree felony: A second-degree felony conviction could result in two to 20 years in prison and a fine of up to $10,000.
• First-degree felony: The most severe, a first-degree felony, carries a sentence of five to 99 years or life in prison and a fine of up to $10,000.

In addition to these criminal penalties, a conviction can lead to other significant consequences, such as losing your right to own or possess firearms, difficulty finding employment, and more. The Copperas Cove criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers are here to help.

Building a strong defense

Given the serious nature of these charges, it’s important to launch a strong defense to protect your rights and your future. Here are some common defense strategies that our attorneys may use:

• Challenging the search and seizure: One important aspect of your defense may involve challenging how law enforcement obtained the The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement conducted an illegal search or failed to obtain a proper warrant, it may be possible to suppress the evidence against you. In other words, prosecutors cannot use that evidence in court.
• Lack of knowledge: The prosecution must prove that you knowingly possessed the controlled substance and the firearm to secure a conviction. If you were unaware of the presence of the drugs or the weapon, this lack of knowledge could be a viable defense.
• Constructive possession: In cases where the drugs or firearm were on your person but rather in a location you had access to, the prosecution must prove constructive possession. This means they need to show that you had both knowledge of and control over the items. If they cannot prove this, your charges may be reduced or dismissed.
• Duress or coercion: If you were forced or coerced into possessing the drugs or the firearm, this could be a defense to the charges. Proving duress or coercion requires demonstrating that you were under immediate threat of harm and had no reasonable opportunity to escape the situation.
• Questioning the evidence: It’s essential to scrutinize the prosecution’s evidence. This could involve questioning the credibility of witnesses, the accuracy of forensic tests, or the chain of custody of the evidence. Any weaknesses in the prosecution’s case could be leveraged to your advantage.
• Plea bargaining: In some cases, you may benefit by negotiating with the prosecution to reach a plea bargain. This approach could involve pleading guilty to a lesser charge in exchange for a reduced sentence. However, plea bargaining should only be considered after carefully weighing all options and potential outcomes.

The sooner you involve a Copperas Cove criminal defense attorney in your case, the better your chances of achieving a favorable outcome. Early intervention allows your attorney to gather evidence, interview witnesses, and develop a comprehensive defense strategy before the case progresses too far.

If you’ve been arrested or are under investigation for possession of a controlled substance while armed in Texas, it’s critical to act quickly. Law enforcement and prosecutors will begin building their case against you immediately, so you need an experienced attorney on your side to level the playing field.

Our Copperas Cove criminal defense law firm can help

If you’re facing charges for possession of a controlled substance while armed in Texas, it’s crucial to act quickly to protect your rights and future. Contact Mary Beth Harrell Criminal Defense and DWI Lawyers in Copperas Cove for a consultation so we can discuss your case, explore your defense options, and start building a strategy tailored to your situation. Don’t leave your future to chance—reach out now and let an experienced criminal defense attorney fight for you. To schedule a meeting with a dedicated lawyer, call our offices or fill out our contact form. We maintain an additional office in Killeen and proudly serve Belton, Harker Heights, Bell County, and Coryell County.