San Antonio Drug Crimes Attorney

Our San Antonio drug crime attorney represents clients who have been charged with drug possession, drug trafficking, manufacturing of a controlled substance and distribution charges.  will handle your drug charge from start to finish whether it be a misdemeanor or felony drug charge. We have the knowledge and experience to provide you with the best possible defense against your Texas drug charges to potentially get your charges reduced or dismissed.

Contact our San Antonio drug crime lawyers today at (210) 361-1112 or reach out here online to arrange for a consultation. 

Common Types of Drugs

Drugs are generally classified into different categories based on their effects, legal status, and medical uses. Here are the common types of drugs:

Depressants ("Downers")

These drugs slow down the central nervous system, causing relaxation and drowsiness.

• Alcohol
• Benzodiazepines (e.g., Xanax, Valium, Ativan)
• Barbiturates (e.g., Phenobarbital, Secobarbital)
• Opioids (also painkillers; e.g., Heroin, Morphine, Codeine, Oxycodone, Fentanyl)

Stimulants ("Uppers")

These increase energy, alertness, and heart rate.

• Cocaine
• Methamphetamine (Meth, Crystal Meth)
• Amphetamines (e.g., Adderall, Ritalin)
• MDMA (Ecstasy, Molly)
• Nicotine (found in tobacco products)
• Caffeine

Hallucinogens

These alter perception, mood, and thought.

• LSD (Acid)
• Psilocybin (Magic Mushrooms)
• DMT (Dimethyltryptamine)
• Peyote (Mescaline)
• PCP (Angel Dust)

Dissociatives

These cause feelings of detachment from reality.

• Ketamine
• PCP (Phencyclidine)
• DXM (Dextromethorphan, found in cough syrup)
• Nitrous Oxide ("Laughing Gas")

Cannabis (Marijuana & Related Products)

Has both depressant and hallucinogenic effects.

• Marijuana (THC-containing products like edibles, oils, and flowers)
• Hashish
• CBD (Cannabidiol - non-psychoactive component of cannabis)

Synthetic Drugs (Man-Made Substances)

• Synthetic Marijuana (K2, Spice)
• Synthetic Cathinones (Bath Salts)
• Fentanyl (a powerful synthetic opioid, much stronger than heroin)

Inhalants

Household or industrial chemicals inhaled for a high.

• Glue, Paint Thinners
• Gasoline, Aerosols
• Nitrites ("Poppers")

Penalties for Drug Charges in Texas

In Texas, drug offenses are taken very seriously, and the penalties can be severe depending on factors like the type of drug, the quantity, the intent (possession, distribution, or manufacturing), and prior criminal history. Here’s a breakdown of potential penalties:

Drug Possession Penalties

Texas classifies drugs into Penalty Groups (1, 1-A, 2, 2-A, 3, and 4) based on their potential for abuse and medical use.

• Penalty Group 1 (e.g., Cocaine, Heroin, Methamphetamine)

  • Less than 1 gram: State Jail Felony (180 days - 2 years, $10,000 fine)
  • 1 - 4 grams: Third-Degree Felony (2 - 10 years, $10,000 fine)
  • 4 - 200 grams: Second-Degree Felony (2 - 20 years, $10,000 fine)
  • 200 - 400 grams: First-Degree Felony (5 - 99 years, $10,000 fine)
  • Over 400 grams: Enhanced First-Degree Felony (10 - 99 years, $100,000 fine)

• Penalty Group 2 (e.g., MDMA, Ecstasy, PCP)

  • Similar penalties to Penalty Group 1 but often slightly less severe.

• Marijuana Possession (Separate category)

  • Less than 2 ounces: Class B Misdemeanor (Up to 180 days, $2,000 fine)
  • 2 - 4 ounces: Class A Misdemeanor (Up to 1 year, $4,000 fine)
  • 4 ounces - 5 pounds: State Jail Felony (180 days - 2 years, $10,000 fine)
  • Over 5 pounds: Felony charges with increasing penalties

Drug Trafficking & Distribution

Selling, delivering, or manufacturing drugs results in harsher penalties.

• Selling any controlled substance to a minor: Automatic Second-Degree Felony (2 - 20 years, $10,000 fine).
• Large-scale trafficking: Enhanced First-Degree Felony with up to life in prison and fines up to $250,000.

Other Consequences

• License suspension: Drug convictions often lead to a driver's license suspension.
• Federal Charges: Certain drug offenses (e.g., large-scale trafficking, interstate sales) can also bring federal penalties.
• Drug-Free Zones: Selling drugs near schools, playgrounds, or youth centers increases penalties.
• Probation & Diversion Programs: First-time offenders may qualify for probation, drug court, or diversion programs instead of jail time.

Common Defenses to Drug Crimes

Common legal defenses to drug crimes include:

• Unlawful Search and Seizure: The Fourth Amendment protects against illegal searches and seizures. If law enforcement violated search procedures, evidence may be suppressed.
• Lack of Possession: The prosecution must prove you had actual or constructive possession of the drugs. If the drugs were not yours or you were unaware of their presence, this can be a defense.
• Entrapment: If law enforcement coerced or induced you to commit a drug crime that you would not have otherwise committed, it may be considered entrapment.
• Lack of Intent: Some drug charges require intent to distribute or manufacture. If there is no proof of intent, charges may be reduced or dismissed.
• Crime Lab Analysis: Prosecutors must prove that the substance in question is an illegal drug. If the crime lab fails to confirm this, the case may be weakened.
• Valid Prescription: If you had a valid prescription for a controlled substance, you might be able to use this as a defense.
• Duress or Coercion: If you were forced to possess or transport drugs under the threat of harm, this could serve as a defense.
• Mistake of Fact: If you were unaware that you were in possession of drugs, you might argue that it was a mistake (e.g., someone else placed drugs in your belongings without your knowledge).
• Medical or Religious Use: In some jurisdictions, medical marijuana or certain religious practices involving controlled substances may serve as a defense.
• Procedural Violations: Errors in the legal process, such as improper police conduct or failure to read Miranda rights, can lead to the dismissal of charges.

Understanding Drug Arrests in San Antonio: Local Insights Resources

In San Antonio, the impact of drug arrests extends beyond legal consequences; it affects families, communities, and local resources. With the San Antonio Police Department actively working to combat drug-related issues, residents often find themselves navigating a complex legal landscape when faced with drug charges. The Bexar County District Attorney's Office is known for its rigorous prosecution of drug offenses, which can lead to severe penalties, including hefty fines and incarceration.

Local residents may experience unique challenges, such as the stigma associated with drug charges, which can lead to job loss or strained relationships. Additionally, the availability of rehabilitation programs through local organizations can be limited, making it crucial for individuals to seek legal guidance to explore all available options. Understanding the local laws and resources is essential for anyone facing drug charges in San Antonio.

Moreover, the San Antonio community is served by various support networks, such as the San Antonio Recovery Center, which provide resources for those struggling with substance abuse. These organizations can be vital in addressing the underlying issues that may lead to drug-related offenses.

When dealing with drug arrests in San Antonio, it is important to have a knowledgeable attorney who understands the local legal environment and can advocate for your rights. Whether you are facing charges for possession, trafficking, or other drug-related offenses, having a local attorney can make a significant difference in the outcome of your case.

Defending Your Rights Against State & Federal Drug Charges

San Antonio drug crimes lawyer Dr. E.R. Báez is dedicated to defending the rights, liberties, and best interests of Texans accused of state or federal drug crimes. As a former Drill Sergeant of the United States Army, drug crimes lawyer Dr. E.R. Báez has the qualifications and extensive experience investigating drug cases. He will assess the evidence against you and file any necessary motions to suppress any evidence obtained through an unlawful search of your home or property. Furthermore, his extensive experience enables him to anticipate the prosecution’s strategies and expose any mistakes or flaws in their arguments.

Dr. Báez has handled thousands of drug cases in his criminal defense legal career and is able to provide his clients with the best legal options available to them based on their circumstances. Do not risk your freedom if you have been charged with a drug offense. Whether you are facing state or federal drug charges, drug crime attorney Dr. E.R. Báez will work hard to negotiate a reduced sentence or aggressively defend your rights at trial.

Contact a drug crime lawyer near you today at (210) 361-1112 or reach out here online to arrange for a consultation.