Felony Possession of Marijuana
It is shameful that our state would put possessing more than a quarter pound of a natural substance in the same category as sexual assaulting someone, stabbing an innocent person or stealing someone's life savings. But that is what the state of Texas has done with its drug laws. If arrested and found to be possessing more than four ounces of marijuana, pot or weed, a person could be charged with a felony in Texas.
This nation will never win its "War on Drugs," but, sadly, some states are going down with a fight, and Texas is one that viciously punishes drug offenses. A felony conviction will dramatically alter your life. The penalties are harsh. The effects after might be even worse.
You could find it very difficult to find a good job, rent a home or get into a good school. If charged with a felony drug offense, it is imperative that you mount a strong defense. An experienced criminal defense attorney is your best option.
Houston Felony Marijuana Possession Lawyer
Matt Horak is a former Harris County Assistant District Attorney, and now he uses that experience to fight for the rights of Houston-area residents who have been charged with felony possession of marihuana. Matt is a member of NORML and works toward responsible and realistic drug charges.
Contact Horak Law if you've been charged with felony marijuana possession. Matt can help you understand your cannabis charges, identify your best defense and fight for your charges to be reduced or dismissed, and will fight for your acquittal if you plead "Not Guilty." Call (713) 225-8000 to learn more about your legal options during a free, in-depth consultation.
Specifics and Penalties for Felony Possession Charges
Being arrested with any amount of marijuana over 1/4th of a pound can land you a felony charge. However, the more marijuana you're charged with possessing, the harsher penalty you might face. There are actually four different felony charges:
- State Jail Felony: If arrested with more than four ounces and up to five pounds, you could be charged with a state jail felony with a penalty ranging from 180 days in jail to two years, and a fine up to $10,000.
- 3rd Degree Felony: This is for those charged with between five and 50 pounds of marijuana. The penalties for this charge are two to 10 years in prison and up to a $10,000 fine.
- 2nd Degree Felony: Those charged with possessing between 50 and 2,000 pounds of marijuana may be charged with a second-degree felony, which carries the same penalties as a third-degree felony: two to 10 years in prison and up to a $10,000 fine.
- 1st Degree Felony: The most serious offense, for those charged with more than a ton (2,000 pounds) of marijuana. The penalties are very extreme: Life in prison, or a five to 99-year sentence, and a fine up to $10,000.
These penalties are only the beginning, though. The title of "convicted felon" is a difficult burden to bear, and the effects on your life could be far-reaching.
Possible Defenses to Felony Marijuana Charges
If you've been charged with felony possession of marijuana, the state must prove that you "knowingly and intentionally" possessed the charged amount of pot "beyond a reasonable doubt." It's a standard that sounds almost impossible, but the prosecutors of Harris County do it on a daily basis. There are several possible weaknesses their case might include, like:
- Illegal search of your person, home, vehicle, or property
- Failure of the arresting officer to read your Miranda rights
- Lack of evidence
- Lack of intent
- Mistaken identity
- Valid alibi
- And other constitutional violations
These are only the most common. An experienced Houston criminal defense lawyer will look at the specifics of your case and argue your best defense. If there is any weakness, a good criminal defense attorney will exploit it and fight for you.
Horak Law | Harris County Lawyer for Felony Marijuana Charges
The seriousness of a felony charge warrants the strongest possible defense. There's too much on the line, with the penalties such a charge carries, for anything less.
Horak Law offers no-obligation consultations where he can help you understand your charge and look at your circumstances. By hiring Matt, you have a fighter you will use his experience and every legal avenue to seek for your charges to be reduced or dismissed, and will fight for your acquittal if you plead "Not Guilty." Call (713) 225-8000 today.