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.
Being charged with a drug crime in Austin is serious. Texas drug laws are strict, and the penalties can be life-changing. You could face heavy fines, time in jail, or a felony on your record. The impact goes beyond the court. A drug conviction can affect jobs, school, housing, and even your family life.
LaVine Law Firm helps people in Central Texas fight drug charges. Our Austin drug defense attorney knows how the justice system works and what it takes to get the best possible outcome. Whether you are facing a misdemeanor drug possession charge or a first-degree felony for drug trafficking, our team is ready. We build strong defense strategies based on the facts and protect your rights every step of the way.
Our law firm takes on cases involving controlled substances, search and seizure laws, and everything in between. You do not have to go through this alone. Let an experienced Austin defense lawyer help you.
Drug charges in Texas vary based on the drug type, amount, and what the police say you were doing. You can be charged for using, carrying, selling, or making drugs. These cases move fast, so it's important to know what you're up against.
This law groups illegal drugs into Penalty Groups 1–4 (and others like 1‑A, 2‑A). Group 1 includes the most dangerous drugs such as meth, heroin, and cocaine. Each drug group has different penalties based on the amount you possess.
For example, possession of any amount of Group 1 drug is a state jail felony, while larger amounts can lead to second‑ or first‑degree felonies, even with life sentences and fines up to $250,000.
Texas Penal Code incorporates Chapter 481 via Title 4, listing drug offenses and grades. For instance, manufacturing or delivering a Penalty Group 1 substance under 1 gram is a state jail felony, between 1–4 grams is a second‑degree felony, and larger amounts move up to first‑degree felony, with increased punishment if over 400 grams.
If you are facing drug charges in Austin, you need someone who knows the law and understands the criminal justice process. LaVine Law Firm focuses on defending people accused of drug crimes.
Our goal is to protect your rights, build a strong defense, and help you get the best possible outcome under Texas law.
Our Austin drug defense attorneys have handled a wide range of drug cases in both state and federal courts, including drug possession, drug trafficking, and drug conspiracy crimes. We understand how law enforcement investigates narcotics crimes and how prosecutors build their case.
This experience allows us to spot legal issues early, challenge the charges, and know which defense strategies are most likely to work in each situation.
We look at the facts of your case from every angle. That means reviewing the police report, any search warrant, witness statements, and physical evidence like drugs, cash, or paraphernalia. We check whether the search was legal, whether the drugs belonged to you, and whether the evidence is strong enough to go to trial.
Our job is to build a defense strategy that fits your case, and not just one that sounds good in court, but one that works.
Many drug cases are resolved through plea agreements, and our criminal defense lawyers know how to work with the district attorney to get fair outcomes. If the evidence is weak or your rights were violated, we push for dismissal.
If a deal makes more sense, we fight to reduce charges, avoid jail, and protect your criminal record. We also explore options like community service or pre-trial diversion when available.
If your case goes to a jury trial, we’re ready. Our Austin drug defense attorneys speak clearly, question the prosecution’s evidence, and protect your rights throughout the trial. We prepare you for court appearances, cross-examine witnesses, and raise legal issues like motion to suppress or improper handling of search and seizure.
Whether you’re facing a state jail felony or first-degree felony, we give you the strong legal representation you need.
Being charged with a drug offense does not always mean you will be convicted. There are many legal defenses that may apply, depending on how the evidence was found and what your intent was.
We have an Austin drug defense attorney who looks closely at every detail of your case to find the strongest defense under Texas law.
If police found drugs during a stop or search that did not follow legal rules, that may be a violation of your Fourth Amendment rights. Law enforcement must follow proper search and seizure laws, and if they did not, your defense lawyer can file a motion to suppress the evidence. If granted, this could lead to your drug charges being reduced or dismissed completely.
To convict you of most drug crimes, the state must prove that you knew the drugs were there and that you intended to possess or distribute them. If the drugs were in a shared space, like a car or apartment, your attorney may argue that you had no knowledge of them. This defense often applies when others had access to the location or item where the drugs were found.
If the police entered your home, car, or phone records without a valid search warrant or without proper consent, the search may be illegal. Even if they had a warrant, your criminal defense lawyer will check whether it followed the law. If the warrant was flawed or based on bad information, your lawyer can challenge it in court to keep that evidence out.
Although marijuana is still illegal under Texas law for most uses, some people may have legal or medical grounds for limited use. If you were arrested while using marijuana for a valid medical purpose (or if you believed you were allowed to), you may be able to raise a medical marijuana defense. While this defense is limited in Texas, it can still make a difference in certain criminal cases.
Here is a simple comparison to help you understand the key differences between drug possession and drug trafficking under Texas law:
| Category | Drug Possession | Drug Trafficking |
|---|---|---|
| Definition | Having illegal drugs for personal use | Selling, delivering, or moving illegal drugs, often in large quantities |
| Common Evidence | Small amounts of drugs, often without packaging or sales tools | Large quantities, packaging materials, scales, large cash, or communication with others |
| Intent | No clear intent to sell or distribute | Clear intent to distribute or transport drugs, often across counties or states |
| Penalty Severity | Often charged as a state jail felony or misdemeanor | Usually charged as a second-degree or first-degree felony, depending on the amount and drug type |
| Potential Sentence | 180 days to 2 years in state jail, plus fines (depending on Penalty Group) | 5 to 99 years in prison and up to $250,000 in fines for major trafficking cases |
| Federal Involvement | Typically handled under state law | May involve federal prosecutors, especially in multi-state or large-scale drug trafficking organizations |
| Common Defense Focus | Proving lack of knowledge or personal use only | Challenging intent to sell, chain of custody, or illegal search and seizure |
Both charges are serious and can affect your criminal record, job, and future. Our Austin drug defense attorneys can help you understand the exact charge and build the right strategy.
Drug penalties in Texas are strict and depend on several factors, including the type of drug, how much was found, and whether you have a past criminal record. Penalties can range from fines and probation to decades in prison.
A few of the most common consequences people face when charged with drug crimes in Austin and across Texas include:
Choosing the right drug defense attorney can make a major difference in how your case turns out. You want someone who understands Texas drug laws, knows how to challenge evidence, and has been successful in criminal defense.
A strong attorney will protect your rights and help you fight for the best possible outcome.
Look for a lawyer who has handled many drug cases, not just general criminal charges. An experienced Austin criminal defense attorney will know how to deal with drug possession, drug trafficking, and even complex federal charges.
They will also understand the Texas Controlled Substances Act and how Penalty Groups affect sentencing. The more cases they’ve handled, the better they’ll be at spotting weak points in the prosecutor’s argument.
It is important to choose an attorney with a history of positive results in criminal cases. Ask if they’ve won jury trials, negotiated dismissals, or reduced charges in drug crimes. A strong track record shows they know how to deal with law enforcement, judges, and prosecutors.
Peer nominations and independent research evaluations can also show a lawyer’s reputation and level of skill.
A good attorney will treat you like a person, not just a case file. You want someone who listens to your side of the story, answers your questions, and keeps you informed about the legal process.
Personalized attention means your defense strategies are made just for you, not copied from another case. That kind of attorney-client relationship builds trust and gives you confidence in court.
Most criminal defense lawyers offer a consultation. This first meeting gives you the chance to ask about their experience, their strategy, and what they think about your case.
During the consultation, ask about how they would defend you, whether they’ve handled similar drug charges, and what kind of outcomes you might expect. It’s the best time to see if they’re the right fit for your case.
Yes, but your attorney can argue lack of knowledge or control, which is key to your defense.
No. Some are misdemeanors, but many drug crimes, especially involving trafficking or distribution, are felonies.
If police failed to read you your Miranda warnings, some statements may be blocked from use in court.
Yes. Your attorney can challenge the search and the stop, especially if police violated search and seizure laws.
Yes, unless you qualify for an Order of Nondisclosure or another legal remedy to clear your criminal record.
If you or someone you love is facing drug charges in Austin, you need legal help as soon as possible. A criminal charge, whether for drug possession, drug trafficking, or conspiracy, can affect your freedom, your job, and your future. LaVine Law Firm is ready to defend you with experience, focus, and commitment.
Our criminal defense attorneys understand how the Texas legal system works. We know the steps of the criminal justice process, from investigation and arrest to court appearances and trial. Whether your case involves a search warrant, probation revocation, or possible federal charges, we’re here to help.
We represent people in misdemeanor and felony drug cases, including those involving controlled substances, medical marijuana, and allegations tied to drug trafficking organizations.
Contact us to speak with an Austin drug defense lawyer. We’ll explain your rights, answer your questions, and begin building a defense that works.
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