What Does Poss CS PG 2 Mean in Texas?
Poss CS PG 2 is a term used in Texas to refer to a specific section of the state's Penal Code. It outlines the legal penalties for the crime of possession of a controlled substance in the second degree. If you're facing charges under Poss CS PG 2, it's crucial to understand the implications and seek legal advice.
What is a Controlled Substance?
In Texas, a controlled substance is any drug or substance that has been classified by the state as having a potential for abuse. These substances are divided into different schedules based on their potential for abuse and medical use. Schedule I drugs, such as heroin and LSD, have a high potential for abuse and no accepted medical use.
Possession of a Controlled Substance in the Second Degree
Poss CS PG 2 applies to individuals who possess a controlled substance in an amount that is greater than four grams but less than 200 grams of a Schedule I or II drug, or in an amount that is greater than 28 grams but less than 200 grams of a Schedule III drug. The specific penalties for Poss CS PG 2 depend on the type of controlled substance involved and the defendant's criminal history.
Penalties for Poss CS PG 2
The penalties for Poss CS PG 2 can be severe. Upon conviction, a defendant may face a prison sentence of two to 20 years and a fine of up to $10,000. If the defendant has a prior felony conviction, the prison sentence can be increased to five to 40 years. Additionally, the defendant may be required to forfeit any property that was used in the commission of the crime.
Defenses to Poss CS PG 2 Charges
There are several potential defenses to Poss CS PG 2 charges. One common defense is that the defendant did not have knowledge or intent to possess the controlled substance. Another defense is that the defendant was acting under duress or coercion. Additionally, the defendant may claim that the controlled substance was for personal use and not for sale or distribution.
Seeking Legal Counsel
If you're facing Poss CS PG 2 charges, it's important to seek legal counsel from an experienced criminal defense attorney. An attorney can help you understand your rights and options, and can work to build a strong defense on your behalf.
Remember, Poss CS PG 2 is a serious offense with potentially severe consequences. Don't hesitate to seek legal help if you're facing these charges.