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Drug Possession Real Representation for Real People

Denton Drug Possession Lawyers

Legal Counsel You Can Trust in Denton County

If you've been charged with drug possession, there's no time to waste in getting legal representation. When facing such accusations, you must defend yourself to protect your rights and freedoms. Doing such requires your going up against a prosecutor who may be intent on punishing you to the fullest extent of the law. With the help of a skilled lawyer, you can effectively fight back against the allegations and may be able to avoid incarceration or steep fines.

When your future is at stake, reach out to a team that cares – reach out to Marsala Law Group. Backed by over 20 years of combined experience, our Denton drug possession attorneys know how to navigate the complex criminal justice system. We are well-versed in the laws concerning your rights and will provide honest and straightforward answers to your questions and concerns. We know that good people can find themselves in the wrong places at the wrong time and end up charged with a crime, which is why we provide legal representation without judgment. We see you as a person, not just a case, and we will make ourselves personally available to you every step of the way. When you turn to us, you will have a sincere advocate on your side, fighting toward an optimal result for you.

At Marsala Law Group, we dedicate ourselves 100% to every case we handle. Schedule your free initial consultation by calling us at (940) 386-6848 or contacting us online.

What the Prosecution Must Prove in a Drug Possession Case

When the State takes on a drug possession matter, it has the burden to prove that the accused is guilty beyond a reasonable doubt. That means they must submit evidence that shows the defendant's actions meet every element of the offense.

The prosecutor must prove that:

  • The substance is an illegal drug
  • The defendant knew the substance they had was an illegal drug
  • The defendant exercised control over the drug

Thus, it's not enough for the prosecutor to say that the defendant was in a location where drugs were found.

Understanding the State's burden of proof, our Denton drug possession lawyers will scour every detail of your circumstances. We will work tirelessly to build a defense to cast doubt on the prosecution's arguments.

The Level of Charges in a Drug Possession Case

In Texas, for the purposes of assessing criminal charges and penalties for drug crimes, the State categorizes controlled substances into 6 penalty groups: 1, 1-A, 2, 2-A, 3, and 4. Marijuana is in a category all its own. Drug possession can be charged as either a misdemeanor or felony, with varying classes and degrees of each.

Under Texas Health and Safety Code Chapter 481, the level of charge you can face depends on the amount of the substance and the penalty group it's in:

Penalty Group 1

  • Less than 1 gram: State jail felony
  • 1 gram or more but less than 4 grams: Third-degree felony
  • 4 grams or more but less than 200 grams: second-degree felony
  • 200 grams or more but less than 400 grams: First-degree felony

Penalty Group 1-A

  • Fewer than 20 units: State jail felony
  • 20 or more units but fewer than 80 units: Third-degree felony
  • 80 or more units but fewer than 4,000 units: Second-degree felony
  • 4,000 units or more but fewer than 8,000 units: First-degree felony

Penalty Group 2

  • Less than 1 gram: State jail felony
  • 1 gram or more but less than 4 grams: Third-degree felony
  • 4 grams or more but less than 400 grams: Second-degree felony

Penalty Group 2-A

  • 2 ounces or less: Class B misdemeanor
  • More than 2 ounces but less than 4 ounces: Class A misdemeanor
  • More than 4 ounces but less than 5 pounds: State jail felony
  • More than 5 pounds but less than 50 pounds: Third-degree felony
  • More than 50 pounds but less than 2,000 pounds: Second-degree felony

Penalty Group 3

  • Less than 28 grams: Class A misdemeanor
  • 28 grams or more but less than 200 grams: Third-degree felony
  • 200 grams or more but less than 400 grams: Second-degree felony

Penalty Group 4

  • Less than 28 grams: Class B misdemeanor
  • 28 grams or more but less than 200 grams: Third-degree felony
  • 200 grams or more but less than 400 grams: Second-degree felony

Marijuana

  • 2 ounces or less: Class B misdemeanor
  • More than 2 ounces but less than 4 ounces: Class A misdemeanor
  • More than 4 ounces but less than 5 pounds: State jail felony
  • More than 5 pounds but less than 50 pounds: Third-degree felony
  • More than 50 pounds but less than 2,000 pounds: Second-degree felony

Defenses to Drug Possession Charges

Depending on the circumstances, specific defenses can be mounted against drug possession accusations. Our knowledgeable Denton attorneys will review your case from the initial arrest to the charges being filed to build a unique and solid strategy tailored for your specific situation.

One of the first things we evaluate in drug possession cases is how law enforcement officials recovered the substance. Under the Fourth Amendment, all people are secure from unreasonable searches and seizures. This means that police officers cannot just stop a person or look through their property without first having a reason or warrant to do so. If they violate this protection, the evidence obtained may be inadmissible in court. If the prosecution is unable to use the evidence, their arguments are weakened, and the case may be dismissed.

Providing Effective Defense Throughout Your Case

At Marsala Law Group, we will fight hard for you. Our attorneys will put in the necessary time and resources to seek a favorable result on your behalf.

Learn more about your legal options in Denton County by calling us at (940) 386-6848 or filling out an online contact form.

Our Victories

Recent Case Results
  • A.G. – Denton Misdemeanor Assault Family Violence Not Guilty

    State presented seven eye-witnesses to dispute our claim of self-defense.

  • A.P.G. – Denton Aggravated Sex Assault of Child & 3 Counts of Indecency with a Child Not Guilty - Jury Trial
  • C.D. – Denton Felony Violation of Protective Order Case Dismissed

    Dismissed and we are now suing the arresting agency.

  • Dr. J.B. – DWI with Multiple Drug Charges Cases Dismissed

    All drug cases dismissed as well as a subsequent DWI while the client was on Probation.

  • Dr. R.C. – Tarrant DWI Not Guilty
  • E.D.M. Denton Felony Assault with Priors Reduced to Misdemeanor Time-Served

    Charge reduced; client served one day in jail.

  • E.H. – Denton Misdemeanor Assault Family Violence Case Dismissed
  • H.R. – Denton Felony Aggravated Assault Not Guilty

    Not guilty verdict despite 3rd party-eye witness who testified my client went out to his car and grabbed a tire iron and chased after the victim and beat him repeatedly over the head. This is self-defense at it's finest.

  • J.G. - Denton Felony Drug Charge Case Dismissed

    Dismissed due to invalid search.

  • J.P. – Dallas Felony Indecent Exposure Case Dismissed

    Original offer was 5 years in prison. After our investigation prior to trial, we discovered enough inconsistencies to convince the DA to dismiss!

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The Marsala Law Group Difference

Reasons to Choose Our Team
  • Honest Legal Counsel

    We firmly believe honesty is the best policy. Our team will provide you with transparent updates and realistic outcomes.

  • Personalized Attention & Service

    Each case and each client is different. We provide focused representation that is specific to your case and your needs.

  • Available 24/7 for You

    Our lead attorney is personally available to each and every client. We are there for you day or night.

  • We Care About the Outcome

    We truly care about each and every client. We understand this is a vulnerable time in your life and we are committed to being with you every step of the way.

Trusted Representation

Real Reviews from Former Clients
    Listens. Works for you. Fights for you.

    “You can trust him with your future.”

    - Jonathan M.
    This attorney really cares about his clients and the outcome of their case.

    “I have personally seen him go the extra mile for myself as well as others and he has a talent for getting the truth heard, even when it seems impossible.”

    - Paul S.
    He is the epitome of a professional and a magician in the courtroom.

    “I would recommend him to anyone asking about anything.”

    - Chris
    I can't praise him enough and I thank God for him.

    “Mr. Marsala is a fantastic lawyer he is very professional and gave me hope where there wasn't none.”

    - Cathy F.
    He always handles everything with professionalism, speed, compassion, and like we are the most important case in his life.

    “We feel indebted to him for all of his hard work and would recommend anyone to him.”

    - Friddle
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Schedule a Free Consultation Today

Our Team Is Available 24/7 for You Call (940) 386-6848 or fill out the form below. 
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