Facing charges for possession of a controlled substance (Poss CS) from Penalty Group 3 (PG 3) for an amount less than 28 grams in Austin, Texas, can be daunting. Even a small quantity can lead to significant legal consequences under the law, making it vital to understand what you’re up against. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we acknowledge how stressful and confusing drug charges can be, and we are committed to guiding you through this challenging process to guarantee your rights are upheld.

In this blog, we’ll explain Poss CS PG 3 < 28g charges, detail the associated penalties, list common drugs in Penalty Group 3, and offer guidance if you face charges in Travis County. These insights are crucial for navigating your case and making informed decisions regarding your defense.

What Does Poss CS PG 3 < 28g Mean Under Texas Law?

Poss CS PG 3 < 28g refers to the offense of possessing less than 28 grams of a controlled substance listed under Penalty Group 3 in Texas, which includes drugs that have accepted medical uses but still have a potential for abuse. These substances are regulated under the state Controlled Substances Act.

According to Texas Health and Safety Code Section 481.117, possessing any amount of a Penalty Group 3 drug without a valid prescription or legal authority is illegal. If you’re found with less than 28 grams, you could face serious legal consequences, especially if this is a repeat offense or if the controlled substance is a commonly abused drug. 

Penalties for Possession of Less Than 28 Grams of a Penalty Group 3 Drug

If you are convicted of poss CS PG 3 < 28g, the penalties can vary depending on the amount found in your possession and your prior criminal record. An experienced Austin criminal defense lawyer can help you navigate these charges and work toward the best possible outcome. For first-time offenders, possession of less than 28 grams is typically charged as a Class A misdemeanor, which carries penalties of:

• Up to one year in county jail
• Fines of up to $4,000

However, if larger quantities are involved or if there are prior offenses, the penalties increase significantly. For example, possession of 28 to 200 grams of a Penalty Group 3 substance is considered a third-degree felony, which can result in 2 to 10 years in prison and fines of up to $10,000. The severity of charges and penalties is outlined in Section 481.117 of the Texas Health and Safety Code, which states that even larger amounts, such as between 200 and 400 grams, can elevate the charge to a second-degree felony.

Common Drugs in Penalty Group 3

Penalty Group 3 includes prescription medications that have legitimate medical uses but can be abused. Common drugs in this category include:

• Xanax (Alprazolam): Used to treat anxiety and panic disorders.
• Valium (Diazepam): Prescribed for anxiety, muscle spasms, and seizures.
• Steroids (Anabolic): Used for hormone deficiencies but often abused.

Possessing these substances without a valid prescription can lead to criminal charges, even for small amounts.

Legal Defenses for Poss CS PG 3 Charges in Austin, Texas

Being charged with poss CS PG 3 < 28g doesn’t automatically mean you will be convicted of the offense. There are several legal defenses that could be used to challenge these charges in Austin, Texas. Common defenses include:

• Prescription defense: If you had a valid prescription for the controlled substance, you could argue that you were legally in possession of the drug.
• Illegal search and seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, any evidence found (such as drugs) may be inadmissible in court.

Your defense will depend on the specifics of your case, so it’s essential to consult with a skilled Austin Drug Crime Lawyer who can assess your situation and build a strong legal strategy.

What to Do If You’re Charged with Poss CS PG 3 < 28g in Travis County

If you’ve been charged with possession of a controlled substance in Travis County, your first step should be to contact a criminal defense attorney as soon as possible. Here are some steps you should take:

1. Remain composed: It’s crucial to stay calm and avoid making any statements to law enforcement without a lawyer present.
2. Hire an experienced attorney: A lawyer experienced in drug crimes in Austin will be able to guide you through the process and safeguard your rights.
3. Document everything: Keep records of all interactions with law enforcement and any paperwork related to your case.

The criminal justice system in Texas can be challenging, especially when it comes to drug offenses. Having the correct legal representation is essential to protecting your future.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Austin Criminal Defense Lawyer

Why You Need an Experienced Drug Crimes Attorney in Austin

Drug charges, even for possession of less than 28 grams of a Penalty Group 3 substance, can have long-lasting effects on your life. That’s why you need an experienced criminal defense attorney who comprehends the complexities of Texas drug laws. Here’s how they can help:

• Explain Texas drug laws
• Protect your rights
• Negotiate with prosecutors
• Develop a strong defense strategy
• Leverage local court knowledge

Facing Poss CS PG 3 < 28g charges? Let the trusted Austin drug crimes lawyer at the Law Office of David D. White, PLLC: Austin Criminal Lawyer. Call (512) 369-3737 to discuss your situation today.

Get A Free Consultation

Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours

request free consultation Call Us: 512-369-3737

Client Reviews

What our clients are saying about us

Banas Transportation

If you are searching for the best attorney in Austin, look no further than David White. From start to finish, he exceeded all of our expectations and provided a level of service that truly stands out. From our very first meeting, David White took the time to thoroughly understand our case, explain every step of the process in clear terms, and answer all of our questions. His expertise, confidence, and approachable demeanor immediately put us at ease during what was a very stressful time for our family. Throughout the process, he was always available to provide updates, address any concerns, and ensure we felt supported. His attention to detail, strategic thinking, and knowledge of the law were nothing short of exceptional. Thanks to his relentless efforts and skill, our case was dismissed, and we couldn’t be more grateful. What sets David, White apart is not only his expertise but also his genuine care for his clients. He goes above and beyond to make sure you feel heard, understood, and represented in the best possible way. It’s clear that he is passionate about helping people and delivering justice. I can confidently say that David White is the best attorney I have ever worked with, and I wholeheartedly recommend him to anyone in need of legal assistance. He truly is a master of his craft and a shining example of what an attorney should be. Thank you, David White, for everything you’ve done for us!

View More Reviews on Google Maps and Yelp