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Drug/Narcotic Offenses
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Drug/Narcotic Offenses

Cocaine, Marijuana, Heroin, Opium, Methadone, PCP, Codeine (N-Oxide and Codeine derivatives not included elsewhere), LSD, Oxycontin, Methamphetamines, Ecstacy, Ketamine, among others.

Common State Drug/Narcotics Offense Punishment Ranges:
Class C Possession of Drug Paraphernalia 0-$500 fine
Class B Possession of Marijuana (0-2 oz) 0 - 180 days in jail
Class A Possession of Marijuana (2-4 oz) 0 -1 year in jail
4th Degree

Possession of Marijuana (4 oz - 5 lbs)

Possession of Penalty Group 1
Less than 1 gram (such as Cocaine, Heroin, etc.)

6-24 months in state jail
3rd Degree

Possession of Marijuana (5 lbs - 50 lbs)

Possession of Penalty Group 1
1-4 grams

2-10 years in prison
2nd Degree

Possession of Marijuana (50 lbs - 2000 lbs)

Possession of Penalty Group 1
4-200 grams

2-20 years in prison
1st Degree

Possession of Penalty Group 1
200-400 grams

5 years - life in prison
1st Degree
(enhanced)
Possession of Penalty Group 1
over 400 grams
10 years - life in prison

State and Federal Courts treat the possession, manufacture and/or distribution of narcotics very seriously. The war on drugs is real.

Major narcotics cases can carry ranges of confinement even more severe than murder. Even possessing small amounts of narcotics can expose a client to the risk of a lifelong felony conviction and a lengthy driver’s license suspension.

However, many narcotics investigations and arrests are deeply flawed. Improper searches and arrests, inexcusable violations of constitutional rights, racial profiling, improper evidence handling, poor laboratory procedures, untruthful “confidential” informants and poor police investigations are all reasons why drug cases of any amount can be dismissed.

The attorney you choose should be very experienced in the latest developments in State and Federal search and seizure law. Additionally, your attorney should be familiar with the policies and procedures of the agency that arrested you, whether it is a state agency, a federal agency, or one of the many combined area task forces. A comprehensive knowledge of such policies and procedures can help your lawyer identify circumstances where the agent or officer may have broken the law.

Since 1999, Mr. Downey has handled over 220 State and/or Federal narcotics cases. Additionally, in his role as a prosecutor, Mr. Downey worked closely with members of numerous police agencies including the Houston Police Department, the Harris County Sheriff’s Department, the Texas Rangers, DEA, FBI, ATF, the Secret Service, the Internal Affairs Division and the Department of Justice. As a defense attorney, Mr. Downey maintains his relationships with present and former narcotics officers from numerous area agencies.

The marijuana cases handled by Mr. Downey since 1999 have ranged in weight from cases involving less than 2 ounces of contraband to single offense weight in excess of 2600 pounds. Additionally, the Penalty Group 1 cases have ranged in weight from less than one gram to single offense weights of over 90 kilos. Please see the results section of our website.

Mr. Downey and the staff at the Downey Law Firm are familiar with the intake procedures and treatment protocols of numerous area hospitals specializing in drug addiction treatment including, but not limited to: West Oaks Hospital, Intracare and Memorial Hermann Hospital. They are available to discuss drug treatment alternatives with any client choosing to explore those options.