Facing Prescription Drug Charges in San Antonio? Your Comprehensive Legal Defense Guide
Arrested for illegal prescription drug possession, distribution, or fraud in Texas? The penalties are severe.
When you think of drug crimes, illicit street drugs like cocaine or heroin might first come to mind. However, in Texas, some of the most aggressively prosecuted drug charges involve prescription medications like painkillers, anti-anxiety drugs, and stimulants. Under the Texas Controlled Substances Act, possessing a medication without a valid prescription, sharing pills with a friend, or attempting to obtain a prescription through deception are all serious felony offenses. At Barton & Associates, our experienced drug crime defense attorneys understand that these situations often arise from addiction, financial pressure, or simple misunderstandings—not from a life of criminal intent. Yet, Texas prosecutors draw no such distinction. The penalties for prescription drug crimes are devastating, ranging from lengthy state prison sentences to crippling fines and a permanent felony record. If you or a loved one is under investigation or has been charged, understanding the law and securing an immediate, strategic defense is the only way to protect your future.
Understanding Texas Prescription Drug Crimes
The Texas Health and Safety Code, Chapter 481, classifies most commonly abused prescription medications as controlled substances. This places them in the same legal category as heroin, cocaine, and methamphetamine. The law is complex and unforgiving, with severe penalties that escalate based on the type of drug, the amount involved, and your alleged intent.
The three most common charges we defend at Barton & Associates are:
1. Possession of a Controlled Substance (Without a Valid Prescription)
This is the most frequent charge. Simply having a prescription pill in your possession—in your pocket, purse, car, or home—without a current, valid prescription in your name is a felony. The prosecution does not need to prove you were selling or abusing the drug; mere unauthorized possession is enough for a conviction.
2. Delivery or Possession with Intent to Deliver a Controlled Substance
This is a far more serious allegation. “Delivery” under Texas law includes not only selling pills for profit but also giving or sharing medication with a friend, family member, or roommate. If you are found with a quantity of pills that authorities deem inconsistent with personal use, they will charge you with possession with intent to deliver, elevating the crime to a higher-level felony.
3. Prescription Fraud (Fraudulent Acquisition of Controlled Substances)
This charge, under Texas Penal Code § 32.51 and Health and Safety Code § 481.129, applies to various actions aimed at illegally obtaining prescriptions, such as:
- “Doctor shopping” (visiting multiple doctors to obtain prescriptions without disclosure).
- Forging or altering a prescription.
- Using another person’s name or insurance to get medication.
- Stealing prescription pads.
How Texas Classifies Prescription Drugs and Penalties
Texas organizes controlled substances into “Penalty Groups.” Prescription drugs fall primarily into Penalty Group 1 (e.g., opioids like oxycodone, hydrocodone) and Penalty Group 3 (e.g., benzodiazepines like Xanax, Valium, and stimulants like Adderall). The penalties are determined by the Penalty Group and the aggregate weight of the pills involved.
Here is the severe penalty structure for possession and delivery of substances in Penalty Group 1, which includes powerful prescription opioids:
- Less than 1 gram: State Jail Felony. 180 days to 2 years in state jail + up to $10,000 fine.
- 1 gram or more but less than 4 grams: Second-Degree Felony. 2 to 20 years in prison + up to $10,000 fine.
- 4 grams or more but less than 200 grams: First-Degree Felony. 5 to 99 years or life in prison + up to $10,000 fine.
- 200 grams or more: Enhanced First-Degree Felony. 10 to 99 years or life + up to $100,000 fine.
For Penalty Group 3 substances, the thresholds are slightly higher but the penalties remain severe felonies. Crucially, the weight is based on the entire weight of the dosage unit (including binders and fillers in the pill), not just the active drug, which can quickly lead to heavy charges from a small number of pills.
Prescription Fraud Penalties: Fraudulently obtaining a controlled substance is typically a state jail felony, punishable by 180 days to 2 years in state jail and a $10,000 fine. However, if the fraud involves a “dangerous drug” or the defendant has prior convictions, it can be elevated to a third or even second-degree felony.
Collateral Consequences: The Life Sentence Beyond Prison
A conviction for a prescription drug felony imposes a “civil death sentence” that lasts long after any prison term is served:
- Permanent Felony Record: This will appear on every employment, housing, loan, and professional licensing background check for life.
- Loss of Professional Licenses: Careers in healthcare (nursing, pharmacy, medicine), law, education, and real estate will be terminated.
- Loss of Federal Benefits: You become ineligible for federal student aid (FAFSA), housing assistance, and food stamps.
- Loss of Fundamental Rights: You lose the right to vote (while incarcerated/on parole), serve on a jury, and own firearms.
- Immigration Catastrophe: For non-citizens, a drug conviction is grounds for mandatory deportation with no chance of relief.
Building Your Defense: Strategies from Experienced Attorneys
At Barton & Associates, we fight prescription drug charges by attacking the state’s case at its foundation. Common and effective defense strategies include:
1. Challenging the Legality of the Search and Seizure
The Fourth Amendment protects you from unreasonable searches. If the police discovered medication through an illegal traffic stop, a warrantless search of your home or vehicle, or a search that exceeded the scope of their authority, we file a Motion to Suppress Evidence. If granted, the pills are thrown out and the case often collapses.
2. Asserting a “Lack of Knowledge” Defense
The prosecution must prove you knowingly possessed the controlled substance. We argue that you were unaware of the pills’ presence—for example, they were in a borrowed car, a shared apartment, or a coat pocket you hadn’t used in months. This is a powerful defense against constructive possession claims.
3. Disputing “Intent to Deliver”
If charged with delivery or possession with intent, we combat the state’s presumption. We present evidence that the quantity was for legitimate personal use, perhaps due to a lapsed prescription or fear of withdrawal, not for sale or distribution.
4. Presenting a Valid Prescription Defense
In some cases, you may have had a legal right to the medication. We gather pharmacy records, doctor’s notes, and prescription histories to demonstrate that you possessed the drug pursuant to a valid, albeit perhaps outdated, prescription.
5. Negotiating for Pre-Trial Intervention or Drug Court
For non-violent offenders struggling with addiction, we advocate for pre-trial diversion or entry into a drug court program. These alternatives focus on treatment and rehabilitation. Successful completion can lead to dismissal of charges, avoiding a felony conviction entirely.
The Critical First Steps to Take After an Arrest
Time is of the essence. The state begins building its case immediately; your defense must start just as fast.
- INVOKE YOUR RIGHT TO REMAIN SILENT. Do not explain, justify, or discuss your prescription history with police. Anything you say will be used to establish knowledge and intent. State clearly: “I am invoking my right to remain silent. I want an attorney.”
- DO NOT CONSENT TO ANY SEARCHES. You are not required to consent to a search of your person, car, or home. Politely but firmly refuse.
- PRESERVE ALL MEDICAL AND PHARMACY RECORDS. Gather any documentation related to prescriptions, doctor visits, or medical conditions that may be relevant.
- CONTACT A PRESCRIPTION DRUG DEFENSE ATTORNEY IMMEDIATELY. Do not speak to a public defender at your first court appearance without your retained counsel. You need a specialist from Barton & Associates to intervene, protect your rights, and begin the investigation.
Why Barton & Associates is Your Essential Defense Team
These charges require a law firm with specific expertise in the complex interplay of Texas drug law and medical evidence.
- Former Prosecutorial Insight: Our attorneys have prosecuted drug cases. We know the strategies, evidence thresholds, and negotiation tactics of the state.
- Resources for a Scientific Defense: We work with pharmacologists and forensic experts to challenge drug weight calculations and the state’s chemical analysis.
- Compassionate, Treatment-Focused Advocacy: We recognize the role of addiction and advocate for rehabilitative solutions when appropriate, fighting not just for an acquittal but for your long-term well-being.
- Trial-Ready and Unafraid: We prepare every case for trial, giving us maximum leverage to secure dismissals or favorable plea agreements.
Your Future Is on the Line. Act Now.
A prescription drug charge is a legal emergency with the potential for decades in prison and a lifetime of collateral damage. Hoping for leniency is a dangerous strategy.
Do not speak to investigators. Do not wait for your court date.
Contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000 for a confidential and urgent case evaluation. We will begin the fight to protect your freedom and your future.
Main Category: Criminal Defense
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
