Possession with Intent to Deliver THE CHARGE IS SERIOUS. SO IS THE DEFENSE.

Houston Possession with Intent to Deliver Attorney

High Caliber Defenders Serving Clients in TX

In Texas, possession with intent to deliver is a serious offense with significant legal consequences. This offense is commonly associated with drug-related activities and involves possessing controlled substances with the intention of distributing or delivering them to others. While this crime does not necessarily involve drug trafficking or the sale of substances, there are serious consequences, including potential jail time.

If you have been accused of possession with intent to deliver, you need an attorney. Guy L. Womack & Associates, P.C. has over 60 years of combined experience. Our seasoned Houston attorneys fight aggressively and tirelessly for our clients from arrest to trial.

Call our Houston possession with intent to deliver attorney at (713) 364-9913 or contact us online to learn how we can fight for you.

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Tried Where It Counts
Lead counsel in federal, state, and military courtrooms — not a referral mill
Two Generations, One Bench
Founding partners and senior counsel try cases together — your matter never gets handed down
Inquiries Answered 24/7
A real attorney returns urgent calls — not an answering service or intake form
Bilingual Support At Both Offices
English & Spanish representation across Houston and McAllen — same standard of care

Tried Where It Counts

Lead counsel in federal, state, and military courtrooms — not a referral mill
Two Generations, One Bench

Founding partners and senior counsel try cases together — your matter never gets handed down
Inquiries Answered 24/7

A real attorney returns urgent calls — not an answering service or intake form
Bilingual Support At Both Offices

English & Spanish representation across Houston and McAllen — same standard of care

Words cannot express my extreme gratitude to Mr. Guy Womack Senior
“Words cannot express my extreme gratitude to Mr. Guy Womack Senior, this outstanding individual has represented me now and saved my neck at least twice showing the ut-most professionalism and kindness in regards to my legal problems! Mr. Womack has unofficially adopted me and for that I am truly grateful and humbled. His staff is extremely professional, and I assure you that this man and his firm will stop at nothing to make sure that you are taken care of , I have personally seen this Gentlemen go out of his way to ensure my safety and well-being. For this, I have to give him 10 stars and a big thumbs up and Mr. Womack when I see you next, I’m giving you a big ‘ole hug !”
Former Client

Record-Setting Outcomes

Past results do not predict future outcomes — but a real trial record is the only honest signal a prospective client has. These are ours.

Criminal Charges Dropped $300,000 of Equipment and Funds Were Misplaced, Disposed of And/Or Taken
State of Texas v. SM
All Charges Dismissed 7 Indictments of Sexual Molestation of Neighborhood Children
State of Texas v. B.H.
No Criminal Charges Filed Aggravated Assault
U.S. v. LTC GW
Case Dismissed Aggravated Assault
Texas v. ES
Case Dismissed Aggravated Assault
State of Texas v. BJV
Not Guilty of All Charges Aggravated Assault
U.S. v. CW2 KDY

all case results

What is Possession with Intent to Deliver?

According to the Texas Health and Safety Code §481, possession with intent to deliver involves possessing illicit substances for the intended purpose of sale or transport to another person or group. It is important to note that actual delivery or sale does not have to occur for a person to be charged with possession with intent to deliver.

Legal Considerations

Possession with intent to deliver is an offense that requires the prosecution to establish specific elements to secure a conviction.

These elements generally include:

Possession of Controlled Substances: The defendant must be found to have actual or constructive possession of a controlled substance. Actual possession refers to having physical control over the substance, such as having it on one's person, while constructive possession refers to having control over the substance, even if it is not directly on the person.
Intent to Deliver: The prosecution must demonstrate that the defendant possessed the controlled substance with the intention of distributing, selling, or delivering it to others. This intent is often inferred from factors such as the quantity of the substance, packaging materials, scales, and other paraphernalia associated with drug trafficking.
Knowledge of the Substance: The defendant must be aware of the presence of the controlled substance and know that it is, in fact, an illegal substance.

If you have been charged with possession with intent to deliver, contact our Houston possession attorney and schedule your initial consultation.

Penalties

The penalties for possession with intent to deliver are severe and vary based on factors such as the type and quantity of the controlled substance involved. Texas classifies controlled substances into penalty groups, with Penalty Group I containing the most illicit substances and Penalty Group 4 including the least serious.

Penalty Group I

According to the Texas Health and Safety Code §481.115, Penalty Group I includes substances like cocaine, heroin, and methamphetamine. Possession of these substances may be punishable according to the following guidelines:

Less than one gram: Considered a state jail felony and is punishable by up to two years in jail and/or a fine of no more than $10,000.
One to three grams: Considered a third-degree felony punishable by up to 10 years in prison and fines of no more than $10,000.
Four to 199 grams: Considered a second-degree felony punishable by up to 20 years in prison and fines up to $10,000.
200-400 grams: A first-degree felony punishable by up to 99 years in prison and fines up to $100,000.
400 grams or more: An enhanced first-degree felony punishable by life in prison and fines up to $100,000.

It is important to note that possession with intent to deliver fentanyl has harsher penalties, with possession of 400 grams being punishable by a prison sentence between 20-99 years and fines up to $500,000.

Penalty Group II

Penalty Group II includes ecstasy, Adderall, psilocybin, and PCP. According to §481.116, possession with intent to deliver may be punishable according to the following guidelines:

Less than one gram: A state jail felony punishable by 180 days in state jail and fines up to $10,000.
One to three grams: A third-degree felony with a potential prison sentence of up to 10 years and fines up to $10,000.
Four to 400 grams: A second-degree felony punishable by up to 20 years in prison and fines up to $10,000.
400 grams or more: An enhanced first-degree felony that can result in up to 99 years in prison and fines up to $50,000.

Penalty Group III

According to §481.117, Penalty Group III includes common prescription drugs, testosterone, Hydrocodone less than 300mg, and codeine less than 90mg per dose. Penalties for possession with intent to deliver may include:

Less than 28 grams: A class A misdemeanor with a potential jail sentence of up to one year and fines up to $4,000.
28-199 grams: A third-degree felony punishable by a prison sentence of up to 10 years and fines up to $10,000.
200-399 grams: A second-degree felony that can result in a prison term of up to 20 years and potential fines of no more than $10,000.
400 grams or more: An enhanced first-degree felony with potential prison time of up to 99 years and fines up to $50,000.

Penalty Group IV

Penalty Group IV includes compounds containing limited quantities of narcotics or controlled substances like morphine and opium. Possession with intent to deliver may be punishable according to the following guidelines as outlined in §481.118:

Less than 28 grams: A class B misdemeanor that can result in up to 180 days in jail and fines up to $2,000.
28-199 grams: A third-degree felony punishable by up to 10 years in prison and a maximum fine of $10,000.
200-399 grams: A second-degree felony with a potential prison sentence of up to 20 years and no more than $10,000 in fines.
400 grams or more: An enhanced first-degree felony punishable by up to 99 years in prison and fines up to $50,000.

It is important to note that these penalties can be enhanced if certain aggravating factors are present, such as prior convictions, attempted sales to minors, or if the offense occurred in a designated drug-free zone.

Understanding Your Legal Options

Being charged with possession with intent to deliver can be a serious and complex legal matter. It is important to understand your legal options and the potential consequences you may be facing. Our team of experienced legal professionals at Guy L. Womack & Associates, P.C. is dedicated to providing fierce advocacy and strategic defense for our clients in Houston, TX.

When facing charges of possession with intent to deliver, it is crucial to have a strong legal defense. Our attorneys will work diligently to explore all possible legal defenses and considerations, such as:

Illegal search and seizure
Lack of evidence
Misidentification
Entrapment
Violation of rights

With our knowledge in criminal defense law, we will guide you through the legal process and fight for the best possible outcome for your case. Contact us today to schedule a consultation and discuss your legal options.

Legal Defenses and Considerations

Defendants facing charges of possession with intent to deliver have certain legal defenses available to them. These might include challenging the validity of the search and seizure that led to the discovery of the controlled substance, disputing the actual intent to deliver, or demonstrating a lack of knowledge about the nature of the substance.

Consulting with an experienced attorney is crucial for individuals facing such charges, as they can analyze the case's specific circumstances and determine the most appropriate defense strategy.

Why Choose Guy L. Womack & Associates for Your Defense?

At Guy L. Womack & Associates, we understand that facing charges related to possession with intent to deliver can be a daunting experience. Our firm is dedicated to providing personalized legal representation tailored to your unique situation. Here are several reasons why choosing us can make a significant difference in your case:

Proven Track Record: With years of experience in defending clients against drug-related charges, we have successfully achieved favorable outcomes in numerous cases.
Comprehensive Case Strategy: Our attorneys take the time to thoroughly investigate the details of your case, gathering evidence and building a robust defense strategy designed to minimize penalties or achieve dismissal.
Client-Centered Approach: We prioritize open communication and transparency, ensuring you are informed and involved in every step of the legal process.
Knowledge of Texas Law: Our attorneys stay current on changes in drug law legislation, enabling us to navigate the legal landscape effectively on your behalf.
Compassionate Support: We recognize the emotional toll that legal challenges can take on individuals and their families. Our team offers support and resources throughout your journey.

When it comes to your future and freedom, don't leave anything to chance. Contact Guy L. Womack & Associates today for a free consultation and take the first step towards securing the defense you deserve.

Experienced Legal Professionals and Fierce Advocates

Possession with intent to deliver is a serious crime that can result in serious legal consequences. Individuals charged with this offense should be aware of the specific tactics the prosecution must prove and the potential penalties they might face. Seeking legal counsel and understanding the intricacies of the law can significantly influence the outcome of a case.

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