This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A drug crime conviction in Austin can lead to jail or prison time, substantial fines, and a permanent criminal record that affects nearly every part of your life. Whether you are accused of possessing, delivering, manufacturing, or trafficking controlled substances, you need an Austin drug crime defense lawyer who knows how to protect your rights and challenge the state's case from the very beginning.
LaVine Law Firm represents clients throughout Travis County facing misdemeanor and felony drug charges. Our attorneys investigate every aspect of your case, challenge unlawful police conduct, and fight for the best possible outcome.
Call 713-428-2264 today for a free confidential case evaluation.
A drug crime charge can put your freedom, career, and future at risk. At LaVine Law Firm, we understand what is at stake, and we provide aggressive representation designed to protect your rights at every stage of your case.
Here is why clients trust our firm:
We also offer flexible payment plans because everyone deserves experienced legal representation when facing serious criminal charges.
Call LaVine Law Firm today at 713-428-2264 for a free confidential case evaluation.
Texas law prohibits a wide range of drug-related offenses involving controlled substances. The charge you face depends on the type of drug, the amount involved, and the conduct alleged by prosecutors.
Possessing a controlled substance without a valid prescription is one of the most common drug offenses in Texas. Depending on the drug's penalty group and the amount involved, possession may be charged as either a misdemeanor or a felony.
Prosecutors may file possession with intent to deliver charges when they believe the evidence shows you intended to sell or distribute controlled substances. They often rely on factors such as the quantity of drugs, packaging materials, cash, or communications to support these allegations.
Manufacturing charges involve producing or preparing controlled substances. These offenses are aggressively prosecuted and often carry significant prison sentences and substantial fines.
A person may face drug delivery charges for allegedly transferring, selling, or offering to transfer controlled substances to another person. The severity of the offense depends on the type of drug, the amount involved, and other circumstances surrounding the alleged transaction.
Although Texas law generally prosecutes trafficking offenses under delivery and possession statutes, large-scale drug operations often result in the most serious felony charges. These cases frequently involve extensive investigations, search warrants, and multiple law enforcement agencies.


Texas classifies controlled substances into several penalty groups under the Texas Controlled Substances Act. The penalty group assigned to a drug plays a major role in determining the potential criminal penalties.
Penalty Group 1 includes substances such as cocaine, heroin, methamphetamine, and many opioids. These offenses often carry the most severe penalties under Texas drug laws.
Penalty Group 1-A consists primarily of LSD and similar substances. The penalties are based on abuse units rather than weight, making these cases different from most other drug offenses.
Penalty Group 2 includes drugs such as MDMA (Ecstasy), PCP, and similar hallucinogens. Charges involving these substances may range from lower-level felonies to offenses carrying lengthy prison terms.
Penalty Group 2-A primarily covers synthetic cannabinoids. While often misunderstood, these substances can still result in serious criminal charges and significant penalties.
Penalty Group 3 includes certain prescription medications and depressants that have accepted medical uses but remain tightly regulated under Texas law. Unauthorized possession or distribution can still lead to felony prosecution.
Penalty Group 4 generally includes prescription compounds containing limited amounts of narcotic drugs. Although these offenses may carry lower penalties than other drug crimes, they should still be taken seriously.
Marijuana offenses are governed separately from the numbered penalty groups. Depending on the amount involved and the alleged conduct, charges may range from misdemeanor possession to serious felony offenses involving large quantities or distribution.
The penalties for a Texas drug crime conviction depend on the type of controlled substance, its penalty group, the amount involved, and your criminal history.
Depending on the circumstances, you may face:
A conviction may also result in:
A drug crime conviction may also lead to:
Texas law imposes harsher penalties when:
Beyond criminal penalties, a conviction can affect nearly every aspect of your future, including:
Every drug case is unique, and the strongest defense depends on the facts surrounding your arrest. Our attorneys thoroughly investigate every case to identify constitutional violations, challenge unreliable evidence, and protect your rights.
The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement searched your person, vehicle, home, or property unlawfully, we may seek to suppress the evidence obtained.
The prosecution must prove that you knowingly possessed or controlled the alleged controlled substance. We challenge cases involving shared vehicles, residences, or situations where the drugs did not belong to you.
Many drug arrests begin with traffic stops. If officers lacked reasonable suspicion or probable cause to stop your vehicle, important evidence may be excluded from court.
Drug evidence must be properly collected, stored, tested, and documented. We examine laboratory procedures for errors, contamination, or breaks in the chain of custody that could weaken the prosecution's case.
Violations of your constitutional rights during questioning, arrest, or investigation can significantly affect the admissibility of evidence. We aggressively pursue every available legal challenge.
Yes. Depending on the facts of your case, drug charges may be reduced or dismissed through strategic legal challenges and negotiations. Our attorneys evaluate every available option to pursue the best possible outcome.
Some eligible defendants may qualify for diversion programs that focus on rehabilitation rather than conviction. Completing a program may allow charges to be dismissed in qualifying cases.
Deferred adjudication may be available for certain offenses and eligible defendants. If completed, it can help you avoid a formal conviction while complying with court-ordered conditions.
If evidence was obtained through an illegal search, unlawful detention, or another constitutional violation, we may file a motion asking the court to exclude that evidence from trial.
When appropriate, we negotiate with prosecutors to seek reduced charges, alternative sentencing options, or other favorable resolutions that protect your future.
The decisions you make immediately after an arrest can significantly affect your defense. Taking the right steps early helps protect your rights and strengthens your case.
Drug crime investigations often begin long before formal charges are filed. Having an attorney involved early can make a meaningful difference in the outcome of your case.
We work immediately to ensure law enforcement respects your constitutional rights throughout the investigation, arrest, and questioning.
Witnesses become harder to locate, and surveillance footage may be erased over time. Early action helps preserve evidence that may strengthen your defense.
Search warrants must satisfy strict legal requirements. We review warrant applications and execution procedures to identify constitutional defects that may lead to suppressed evidence.
Every case is prepared as though it will proceed to trial. Building a strong defense from the outset places you in the best position whether your case is resolved through negotiation or presented before a jury.

Criminal charges can change your life—Get the defense you deserve.
A drug crime conviction can affect your freedom, finances, career, and future, but you do not have to face the criminal justice system alone. At LaVine Law Firm, we aggressively defend clients throughout Austin and Travis County against misdemeanor and felony drug charges, working to protect their rights and pursue the best possible outcome.
Call LaVine Law Firm today at 713-428-2264 for a free, confidential case evaluation, and let our experienced Austin drug crime defense lawyer begin building your defense today.

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