San Antonio Possession of a Dangerous Drug Defense Attorney
In Texas, a dangerous drug is defined as a substance that is not safe for use, even under medical supervision, and is listed under Chapter 483 of the Texas Health and Safety Code. Some examples of dangerous drugs in Texas include narcotics, amphetamines, and controlled substances.
Under section 483.041 of the Texas Health and Safety Code, possession of a dangerous drug is a criminal offense. This means that it is illegal to possess valid prescription or other legal authorization. In Texas, Possession of a dangerous drug is a class A misdemeanor.
Under section 483.042 of the Texas Health and Safety Code, delivery of a dangerous drug is also a criminal offense. This means that it is illegal to sell, dispense, give away, or supply in any other manner a dangerous drug to another person, unless authorized by law. In Texas, the delivery or offer of delivery of a dangerous drug is a State Jail Felony.
Call Attorney Brad Thornton, a top possession of dangerous drug attorney in San Antonio, Texas.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Defenses to Possession of a Dangerous Drug in Texas
If you have been charged with possession of a dangerous drug in Texas, you may be able to raise defenses to the charge in order to have it dismissed or reduced. Below are some common defenses to possession of a dangerous drug in Texas, including search and seizure issues.
Lack of knowledge: In order to be convicted of possession of a dangerous drug in Texas, the prosecution must prove that you knew the drug was present and that it was a dangerous drug. If you did not know that the drug was present or that it was a dangerous drug, you may be able to argue that you did not possess it.
Unlawful search and seizure: The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. If law enforcement officers searched your person, home, or vehicle without probable cause or a warrant, any evidence of possession of a dangerous drug found during the search may be suppressed, or excluded, from your case. This can be a strong defense if the evidence against you is based largely on the drugs found during the search.
Prescription: If you were in possession of a dangerous drug because you needed it for a medical condition, and you were prescribed the drug, that is a defense. This defense may be available if you had a legitimate prescription for the drug or if you were using it to treat a serious medical condition.
Entrapment: Entrapment occurs when law enforcement officers induce a person to commit a crime that they otherwise would not have committed. If you can show that you were entrapped into possessing a dangerous drug, you may be able to have the charge against you dismissed.
It is important to note that these defenses may not be applicable in every case and may require the assistance of an experienced criminal defense attorney. If you have been charged with possession of a dangerous drug in Texas, it is important to seek legal counsel as soon as possible to discuss your options and potential defenses.
Punishment Ranges
| Level of Offense | Potential Incarceration | Potential Fine |
| First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
| Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
| Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
| State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
| Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Attorney Brad Thornton
If you have been charged with possession of a dangerous drug in San Antonio, Texas, it is important to seek legal representation as soon as possible. A skilled criminal defense attorney can help you understand your rights and options and can work to protect your interests throughout the legal process.
Board-certified criminal defense attorney Brad Thornton is an experienced lawyer who has handled a wide range of criminal cases in San Antonio, Texas. As a former chief prosecutor, he has a unique insight into the inner workings of the criminal justice system and can use this knowledge to your advantage.
One of the benefits of working with Brad Thornton is his commitment to providing personalized and attentive representation. He understands that being charged with a crime can be a stressful and overwhelming experience, and he works closely with his clients to ensure that they are informed and involved in every step of the process.
In addition to his extensive legal experience, Brad Thornton is also a compassionate and understanding lawyer who is dedicated to helping his clients achieve the best possible outcomes. If you have been charged with possession of a dangerous drug in San Antonio, Texas, you can trust Brad Thornton to provide you with the strong and effective representation you need.
To learn more about how Brad Thornton can help you with your case, you can call him for a free consultation. During this consultation, you can discuss your case with him in confidence and receive helpful advice on your legal options. With his knowledge and experience, Brad Thornton is one of the best possession of a dangerous drug attorneys in San Antonio.
