Drug Possession
Your El Paso County Criminal Defense Lawyers
If you’re facing drug possession charges in Texas, you’re likely experiencing stress and uncertainty about your future. At Benjamin Law Firm, we understand the gravity of your situation and the complex legal landscape surrounding drug offenses in our state.
Texas takes a notoriously tough stance on drug crimes, with penalties ranging from hefty fines to lengthy prison sentences, even for seemingly minor offenses. However, a drug possession charge doesn’t have to derail your life. With skilled legal representation, there may be opportunities to challenge the charges, negotiate reduced penalties, or explore alternative sentencing options.
Our experienced criminal defense attorneys have successfully represented clients across Texas in various drug possession cases. We bring a deep understanding of state and federal drug laws, proven defense strategies, and a commitment to protecting your rights at every stage of the legal process.
Contact our team to get started today.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Texas Drug Schedules and Penalties
Texas classifies controlled substances into penalty groups, which are similar to the federal schedule system. These groups determine the severity of charges and potential penalties.
Penalty Group One: Includes opioids (heroin, oxycodone), cocaine, methamphetamine, and ketamine.
- Less than one gram: State jail felony, 180 days to two years in state jail, up to $10,000 fine
- One to four grams: third-degree felony, two-10 years in prison, up to $10,000 fine
- Four-200 grams: second-degree felony, two-20 years in prison, up to $10,000 fine
- 200-400 grams: first-degree felony, five-99 years in prison, up to $10,000 fine
- 400+ grams: Enhanced first-degree felony, 10-99 years or life in prison, up to $100,000 fine
Penalty Group Two: Includes hallucinogens like MDMA, PCP, and mescaline.
- Less than one gram: State jail felony
- One-four grams: third-degree felony
- Four-400 grams: second-degree felony
- 400+ grams: Enhanced first-degree felony
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Common Defense Strategies
We can employ various defense strategies tailored to your case at Benjamin Law Firm. We will strategize and leverage our experience to choose the best strategy for you, which could include:
- Illegal Search and Seizure: Challenging evidence obtained through Fourth Amendment violations.
- Lack of Knowledge: Arguing unawareness of drug presence, especially in shared spaces.
- Insufficient Evidence: Identifying weaknesses in the prosecution’s case.
- Entrapment: Demonstrating law enforcement induced the crime.
- Medical Necessity: For applicable marijuana cases.
- Challenging Drug Analysis: Requesting independent testing of alleged substances.
- Procedural Errors: Identifying missteps in arrest, evidence handling, or charging.
- Constructive Possession Issues: Disputing control over drugs in shared spaces.
- Constitutional Violations: Examining potential infringements of your rights.
We thoroughly review each case to determine the most effective strategy. Our goal is to achieve the best possible outcome, whether through charge dismissal, penalty reduction, or acquittal at trial.
How Benjamin Law Firm Can Help
When facing drug possession charges in Texas, the stakes are high, but hope is not lost. At Benjamin Law Firm, we understand the stress and uncertainty you’re experiencing. That’s why we combine extensive legal experience with a personalized approach to give you the defense you deserve. Our proven track record of successful case outcomes, in-depth knowledge of Texas drug laws and local court systems, and aggressive negotiation skills set us apart. We’re your legal representatives and partners in navigating this challenging time and working towards a better future.
Don’t let a drug possession charge define your life. Take the first step towards protecting your rights and exploring your legal options. Contact us today for a consultation. Your journey towards a positive resolution starts here.
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"He Saw Every Detail"
Hands down the best lawyer ever. He was able to find small mistakes the government made, that helped my case out significantly. I don’t think any other attorney would put that much effort in.- Emanuel M. -
"Nothing Short of Amazing"
He did a thorough investigation of the facts and communicated every detail with me. Whenever I was in doubt, I’d call him.- Trish K.