Legal Support From A Victoria Drug Possession Attorney

Being found with illegal drugs can instantly turn your world upside down. Whether it was a simple mistake, a misunderstanding or a struggle with addiction, the state of Texas takes these charges very seriously.

At Dornburg Law, our drug possession attorneys believe that one moment should not dictate the rest of your life. We have been serving South Texas since 1999, offering a protective shield against the aggressive tactics of the prosecution. Our attorneys have more than 50 years of combined experience, and we are dedicated to protecting your rights as a defendant.

Penalty Groups Under The Texas Controlled Substances Act

Texas law organizes controlled substances into “Penalty Groups” to determine the severity of the punishment. The group a drug falls into, combined with the weight of the substance found, dictates the potential sentence.

• Penalty group 1: This group includes the most dangerous drugs with limited or no medical use, like cocaine and heroin. Possession of even less than one gram can result in up to two years in state jail, while larger amounts can lead to up to 99 years in prison.
• Penalty group 2: These substances may have some medical applications but are still considered dangerous, like Psilocybin and MDMA. While penalties are slightly less severe than those in Group 1, possession can still result in significant prison time.
• Penalty group 3: This division includes medications with recognized clinical uses that become dangerous when abused, such as stimulants and codeine. Possession without a valid prescription is a crime, though the consequences are generally more lenient than those for Groups 1 and 2.
• Penalty group 4: This category covers drugs with accepted medical uses that remain prone to abuse, like cough syrups. Punishments vary from misdemeanors to felonies depending on the quantity.

As of 2025, Texas handles marijuana separately from the standard penalty groups. Possession of less than two ounces is currently a Class B misdemeanor, punishable by up to six months in jail and a $2,000 fine.

Fighting A Drug Possession Charge

Just because cops found drugs near you does not mean you are legally guilty of possession. As your drug possession attorneys, we will aggressively challenge illegal search and seizure. The police must have a valid reason to stop you and probable cause – or a warrant – to search your vehicle or home.

If they violated your Fourth Amendment rights during the stop or the search, we can file a motion to suppress the evidence. If the evidence is thrown out, the case often falls apart.

We will also challenge the state’s claim of care, custody and control. Under Texas law, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the drugs and exercised control over them. Mere proximity is not enough.

If you were a passenger in a car where drugs were found, or if you were in a shared apartment, that does not automatically make the drugs yours. We will force the other side to prove a direct “affirmative link” between you and the substance.

Talk To Dornburg Law Today For Drug Possession Defense

Do not assume that an arrest automatically leads to a conviction. You have rights, and we are here to protect them. Contact 361-570-4444 or complete this form today to discuss the specifics of your case with us. Let us review the evidence and start building a strategy to fight for your future in Victoria.