Texas law prohibits you from carrying, using or trying to sell cocaine. If you are convicted of such a crime, you may be subject to a variety of penalties, such as jail or prison time and a fine. The exact structure of your sentence would likely depend on how much cocaine was found in your possession, if you have a criminal history and other factors deemed relevant in your case.
Penalties for possession of cocaine
If you are found to be in possession of less than one gram of cocaine, you will be charged with a state felony. A conviction may result in spending no more than 12 months in a state prison. In the event that you are found with over 400 grams of this substance, you can spend up to 99 years in prison. You may also be subject to a fine of up to $100,000.
Penalties for selling cocaine
The penalties for selling cocaine are similar to those for possessing it. However, the minimum sentence for the sale of more than 400 grams of cocaine is 15 to 99 years as opposed to 10 to 99 years for being convicted of possessing that amount. Furthermore, the maximum fine is increased from $100,000 to $250,000. Additional penalties may be assessed if you are caught selling to a minor or if you sell a controlled substance in a drug-free zone.
Diversion programs may be available
As part of your criminal defense strategy, you may choose to plead guilty to a cocaine possession charge in exchange for enrolling in a diversion program. Typically, the charges against you are dropped if you successfully complete the program. In most cases, this is only an option for those who do not have a history of committing drug crimes.
If you are charged with a crime, there is no guarantee that you’ll be convicted or that you will go to jail if you are convicted. You may be able to use witness testimony or other evidence to cast doubt on the validity of the charges against you.