February 17, 2022
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
Felony drug trafficking and drug possession charges can be particularly severe in Texas. That’s true even if you’re a first-time offender facing felony drug offenses.
If you’ve been charged with the following first-time drug offenses in Texas, it’s in your best interest to consult a proven Houston criminal defense lawyer as soon as possible:
- First offense felony possession of controlled substance (drugs)
- First offense felony possession with intent to sell or deliver (distribute)
- First offense felony drug trafficking
Working with an attorney experienced in first time felony drug offenses in Texas can drastically improve your chances of decreased penalties, reduced charges, and possibly dismissed felony drug charges.
Contact the Napier Law Firm today to discuss the details of your case with a skilled drug crime criminal defense lawyer in Houston.
Continue reading to learn more about first-time offender felony drug charges in TX below.
What Happens When You Get a Felony Drug Charge in Texas?
Every first time felony drug offender is entitled to due process in Texas. That means that defendants accused of first offense felonies can expect a uniform criminal justice process.
Generally, once you’ve been charged with a felony drug charge in TX, you can expect the following:
- Arrest
- Felony indictment
- Plea bargaining phase
- Felony Trial by judge or jury (if no plea bargain is reached)
- Post-trial including first offense felony penalties like jail/prison, probation, fines, etc.
Can you get probation for a felony drug charge in Texas?
Not every first felony drug conviction requires probation. Article 42A.551 requires community supervision for specified state jail drug convictions punished under Penal Code Section 12.35(a), including qualifying possession below one gram under Sections 481.115(b) and 481.116(b). Prior felony convictions, adjudication after deferred supervision and specified quantity exceptions can change that rule. Other offenses require a separate eligibility analysis.
Do First Time Felony Offenders Go To Jail in Texas?
A first felony drug charge can carry jail or prison exposure, but incarceration is not mandatory in every case. The substance, weight, charged conduct, criminal history and eligibility for community supervision or deferred adjudication matter.
Learn more about the sentencing guidelines for first-time drug offenses in Texas below.
First Time Felony Drug Charge Penalties in Texas
- State jail felony: ordinarily 180 days to two years in state jail
- First-degree felony: ordinarily five to 99 years or life in prison
- Second Degree Felony – Two years to 20 years in prison
- Third Degree Felony – Two to 10 years in prison
The ordinary felony fine limit is $10,000, but some drug statutes set higher fines and different confinement ranges. The general list above does not replace the penalty provision for the charged substance and amount.
Texas law provides several distinct alternatives to a prison sentence. Community supervision after conviction and deferred adjudication have different requirements and consequences; neither is an automatic dismissal available to every first-time defendant.
Are drug offenses eligible for the first-time offender program in Texas?
Eligibility for pretrial diversion depends on the particular program and case. Diversion is not the same as deferred adjudication: deferred adjudication generally follows a guilty or no-contest plea and postpones a finding of guilt while the person completes court-ordered supervision. Do not assume that every program requires the same plea or promises the same result.
Contact The Napier Law Firm to learn more about eligibility for the first offender drug program in Houston.
Can First Offense Felony Drug Charges Be Dropped in Texas?
Charges can be dismissed for different reasons, including problems with the evidence or successful completion of an applicable diversion agreement. The terms of any program must be reviewed before a plea or admission; a first offense alone does not entitle someone to dismissal.
If you’ve been charged with a felony offense but didn’t commit the crime, you need to hire an experienced drug crimes lawyer in Houston.
Can First Time Drug Charges Be Reduced in Texas?
Generally, prosecutors are more likely to reduce first time drug charges than they are for repeat offenders. However, in many cases, getting your charges reduced requires the skill of an aggressive Houston drug crimes attorney.
Your attorney can investigate the facts of your case, negotiate with the prosecution, ensure your rights are protected, and represent you at trial if necessary. Further, an attorney experienced with first-offense drug charges can advise you of the best methods to defend your freedom and clear your name.
Contact a Criminal Defense Lawyer in Houston Today
Are you facing possession, distribution, or more severe drug trafficking felony charges in Texas? In that case, it’s in your best interest to consult with a proven first-time offender drug crimes attorney in Houston, TX.
At Napier Law Firm, we understand the Texas criminal justice system like no other. Our attorneys are aggressive, knowledgeable, and ready to mount a solid defense against first offense drug charges on your behalf.
Don’t gamble your future by hiring a subpar attorney or representing yourself. Contact George Napier today for your free initial consultation for first time felony drug charges in Texas.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.