(817) 502-3600

Free Consultation

Cocaine Charges

Made from the leaves of the coca plant, cocaine is a powerful stimulant that has long been viewed as a major threat to communities throughout the United States. Cocaine is commonly snorted in its powder form, but other forms of cocaine have been processed into rock crystals to be smoked and are referred to as “crack.”

Both crack and powder forms of cocaine are classified under Penalty Group 1 of the Texas Health and Safety Code, meaning that drug crimes involving this controlled substance can result in some of the harshest penalties available. Prosecutors take all cocaine charges very seriously and will typically pursue maximum punishments that often include lengthy prison sentences and significant fines.

Attorney for Cocaine Charges in Fort Worth, TX

If you were arrested in the greater DFW area for any kind of alleged cocaine offense, it is in your best interest to not say anything to authorities until you have legal representation. Townsend, Gebhardt & Eppes, PLLC aggressively defends clients accused of all kinds of drug crimes in Texas and fights to get the criminal charges reduced or dismissed.

Fort Worth criminal defense lawyers Andrea Townsend, Steven Gebhardt, and Brian Eppes represent individuals in Cleburne, Arlington, Weatherford, Fort Worth, and several surrounding areas of Tarrant County, Parker County, and Johnson County. You can have our attorneys review your case and answer all of your legal questions when you call 817-502-3600 to schedule a free initial consultation.


Tarrant County Cocaine Charges Information Center


Back to top

Possession of Cocaine Penalties in Texas

Possession of a controlled substance listed in Penalty Group 1 is prohibited under Texas Health and Safety Code § 481.115. The grades of alleged cocaine possession offenses are determined by the amount of cocaine a person is accused of possessing:

  • Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;
  • 4 Grams or More, But Less Than 200 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 200 Grams or More, But Less Than 400 Grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; or
  • 400 Grams or More — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

Back to top

Manufacture, Delivery, or Possession with Intent to Deliver Cocaine Penalties in Fort Worth

Texas Health and Safety Code § 481.112 also prohibits manufacturing, delivering, or possessing with intent to deliver a controlled substance listed in Penalty Group 1. Deliver is defined as “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship,” and manufacture means “the production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the packaging or repackaging of the substance or labeling or relabeling of its container.”

Intent to deliver (commonly referred to as “intent to sell”) is a criminal charge that is largely based on circumstantial evidence, such as an alleged offender being in possession of a large amount of cash, cocaine being packaged in smaller, equal amounts, or the presence of certain paraphernalia such as baggies or scales. When an alleged offender is accused of manufacturing, delivering, or possessing with intent to deliver cocaine in Texas, he or she could face the following charges depending on the amount of cocaine that person allegedly possessed:

  • Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;
  • 1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;
  • 4 Grams or More, But Less Than 200 Grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000;
  • 200 Grams or More, But Less Than 400 Grams — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000; or
  • 400 Grams or More — Enhanced first-degree felony punishable by minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000.

Back to top

Enhanced Cocaine Charges in Tarrant County

Institutions of higher education, playgrounds, schools, video arcade facilities, and youth centers are all considered “drug-free zones” under Texas Health and Safety Code § 481.134. Certain alleged cocaine offenses committed in these drug-free zones can result in enhanced criminal punishments.

A manufacturing, delivering, or possessing with intent to deliver cocaine offense otherwise punishable as a state jail felony is punishable as a third-degree felony and a second-degree felony offense becomes punishable as a first-degree felony if the alleged offense was committed:

  • in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or
  • in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.

The minimum prison term for alleged offenders accused of knowingly or intentionally possessing, manufacturing, delivering, or possessing with intent one gram or more of cocaine is increased by five years and the maximum fine is doubled if it the alleged offense was committed:

  • in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or
  • on a school bus.

A state jail felony offense for possession, manufacture, delivery, or possession with intent to deliver cocaine becomes a third-degree felony if the alleged offense was committed:

  • in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or
  • on a school bus.

Back to top

Texas Resources for Cocaine Charges

North Texas Cocaine Anonymous (CA) — CA identifies itself as “a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to recover from their addiction.” Visit this website to learn more about the organization. You can find information about how to get help, view meeting times and locations in the DFW area, and read about upcoming events.

How to Get Help | Substance Abuse | Texas Department of State Health Services — The Mental Health and Substance Abuse Division of the Texas Department of State Health Services funds providers of mental health and substance abuse services who then assist those in need of such services. On this website, you can learn more about Outreach, Screening, Assessment and Referral Centers (OSARs), the first point of contact for those seeking substance abuse treatment services. You can also view an interactive map of locations for substance use program centers in Texas.


Back to top

Townsend, Gebhardt & Eppes, PLLC | Fort Worth Cocaine Charges Defense Lawyer

Were you recently arrested for any kind of alleged cocaine crime in the DFW area? You will want to contact Townsend, Gebhardt & Eppes, PLLC as soon as possible for help achieving the most favorable outcome to your case that results in the fewest possible penalties.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense attorneys in Fort Worth who represent clients in communities throughout Tarrant County, Parker County, and Johnson County, including Fort Worth, Cleburne, Arlington, Weatherford, and many others. Call 817-502-3600 or fill out an online form to have our lawyers provide a complete evaluation of your case during a free, confidential consultation.


Back to top