Austin Drug Crime Attorney.
Federal & State. Every Charge.
Former Travis County Prosecutor Richard Gentry defends clients facing possession, delivery, manufacturing, and all other drug crime charges in Central Texas.
Drug Charges in Texas — The Basics
Texas classifies controlled substances into Penalty Groups 1 through 4, with penalties determined by the substance and the amount. Charges range from a Class B misdemeanor (small amount of marijuana) to a first-degree felony (large quantities of Penalty Group 1 substances like cocaine or methamphetamine). Federal charges, including conspiracy and trafficking, carry separate sentencing guidelines and mandatory minimums that are often far more severe than state penalties.
Understanding Your Case
State and Federal Drug Charges Require Different Strategies
In Texas, it is a criminal offense to possess, use, sell, manufacture, traffic, or distribute any controlled substance, at both the state and federal level. Most drug cases in Austin are charged as felonies, even for first-time offenders. The most common charges involve cocaine, methamphetamine, MDMA, and marijuana, though prescription drug offenses are increasingly common as well.
We understand that circumstances aren’t always black and white. Sometimes people are in the wrong place with the wrong crowd. Sometimes addiction is the real issue underneath the criminal charge. Whatever the situation, every drug offense deserves an aggressive, individualized defense — because the consequences of a conviction extend far beyond the courtroom.
Federal Drug Charges: A Different World
Federal drug cases are fundamentally different from state cases, and most defense attorneys are not equipped to handle them. Federal prosecutors have greater resources, longer investigative timelines, and sentencing guidelines that often include mandatory minimums with no room for judicial discretion.
Charged with a Drug Crime in Austin?
State or federal — don’t face it alone. Richard reviews every inquiry personally and responds within one business hour.
512-499-0007
Former Travis County Prosecutor
10+ Years Federal Court Experience
State & Federal Drug Defense
Austin Monthly Top Attorney '24 - '26
24 / 7 Availability for Urgent Cases
Why Richard for Drug Cases?
Federal court access. Most defense attorneys can’t practice in federal court. Richard can, and has for over a decade.
Prosecutor insight. He knows exactly how law enforcement builds drug cases, including when they cut corners.
Fourth Amendment expertise. Illegal searches are one of the most effective defenses. Richard knows how to find them.
Personal approach. Especially important when addiction is a factor, these cases are about people, not just charges.
Your Fourth Amendment Rights Matter
As a former Travis County Prosecutor, Richard worked directly with law enforcement on drug cases, which means he knows exactly what the rules are and when they weren’t followed. As a defense attorney, he uses that same knowledge to hold police accountable. If your vehicle, home, or person was searched illegally, any evidence found in that search may be inadmissible, and without the evidence, the case often falls apart.
Challenging an unlawful search is one of the most effective tools in drug defense. It requires an attorney who understands both the letter of the Fourth Amendment and the practical realities of how police conduct searches. Richard brings both.
“If the rules weren’t followed, then your case should be dismissed. That’s my job as your lawyer, to make sure you receive the full protection of the law.”
— Richard Gentry, Austin Criminal Defense Attorney
When Addiction Is the Real Issue
Many drug offenses happen because of an underlying addiction — not because someone is a criminal. Travis County has programs specifically designed to address this, offering pathways to treatment that can keep a conviction off your record entirely. Richard has handled many cases where the right outcome wasn’t a conviction, it was getting someone the help they needed.
Addiction should not permanently ruin someone’s future. The personal approach Richard takes with every client is especially effective in these cases, because they are about so much more than guilt or innocence.
Beyond Jail Time
The Hidden Consequences
of a Drug Conviction
Housing
A drug conviction can disqualify you from renting an apartment or purchasing a home through federally backed loans.
Driver's License
Texas can suspend your driver’s license upon a drug conviction, independent of any jail sentence or probation.
Employment
Many professional licenses such as nursing, law, teaching, contracting, can be denied or revoked following a drug conviction.
Immigration Status
For non-citizens, a drug conviction can trigger deportation proceedings or permanent bars to re-entry and citizenship.
Student Aid & Education
Federal student loans can be cancelled and college or graduate school applications affected by a drug charge on your record.
Firearm Rights
A felony drug conviction permanently prohibits you from possessing a firearm under both Texas and federal law.
Federal Court Experience
10+ Years Defending Clients in Federal Court
Federal Conspiracy to Distribute is one of the most common and most dangerous charges in federal drug cases. Even if you weren’t the primary actor, even if you only bought or sold from one person, you can find yourself named in a lengthy indictment alongside people you barely know, facing serious mandatory prison time. The federal system is not forgiving. Many attorneys are not even admitted to practice in federal court. Richard Gentry has represented clients in federal drug cases for over a decade, across a wide variety of charges. That experience is the difference between knowing how the system works and guessing at it.
Charges We Defend
Possession of a Controlled Substance
Possession with Intent to Distribute
Drug Distribution & Delivery
Drug Manufacturing
Prescription Drug Offenses
Federal Conspiracy to Distribute
Drug Trafficking
Drug Smuggling
Possession of Marijuana
Drug Transportation
Related Practice Areas
Drug Charges
Co-occurring charges in many domestic cases
Assault & Family Violence
Frequently overlapping or related allegations
DWI Defense
Often charged alongside assault after an incident
Free Case Evaluation
Ready to Talk About
Your Case?
Every case starts with a conversation. Richard personally reviews every inquiry and responds within one business hour. There's no obligation, just honest answers.
What Clients Say
★★★★★
Google Reviews
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Frequently Asked Questions
What is the difference between state and federal drug charges in Texas?
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State charges are prosecuted under Texas law and handled in state courts. Federal charges are prosecuted by the U.S. Attorney's Office in federal district court, often involving larger quantities, interstate activity, or conspiracy allegations. Federal sentencing guidelines are typically much harsher, include mandatory minimums, and require an attorney admitted to federal court — which many criminal defense lawyers are not.
Can a drug charge be dismissed if police conducted an illegal search?
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Yes. If law enforcement violated your Fourth Amendment rights by conducting an unlawful search — without a valid warrant, consent, or applicable exception — any evidence discovered may be suppressed. Without that evidence, the State often cannot proceed with the case. Challenging the legality of a search is one of the most powerful tools in drug defense and one Richard evaluates in every case from day one.
What is "possession with intent to distribute" and how is it proven?
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The State must prove you intended to distribute the drugs, not just possess them. Prosecutors typically rely on the quantity of the substance along with circumstantial evidence: scales, baggies, large amounts of cash, ledgers, or multiple phones. The intent element makes this charge defensible, the absence of those indicators, or an innocent explanation for their presence, can be powerful at trial or in negotiations.
Can I be charged as part of a drug conspiracy even if I only dealt with one person?
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Yes, and this catches many people off guard. Federal conspiracy charges do not require that you know every member of the alleged conspiracy, or even that you participated in every act. A single transaction with one person can be enough to name you in an indictment alongside an entire network. The potential penalties are based on the total drug quantity of the conspiracy, not just your individual role. This is one of the most serious and misunderstood areas of federal drug law.
Are there programs in Austin that can help me avoid a drug conviction on my record?
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Yes. Travis County has diversion and drug court programs specifically designed for defendants whose charges are connected to addiction. Successfully completing these programs can result in charges being dismissed or reduced, keeping a conviction off your record. Not everyone qualifies, and the process requires careful navigation, but it's an option Richard evaluates in every appropriate case.
How is marijuana treated under Texas law in 2025?
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Marijuana remains illegal under Texas law. Possession of up to 2 ounces is a Class B misdemeanor (up to 180 days in jail, $2,000 fine). Larger amounts escalate quickly to felony charges. Despite shifting attitudes in some Texas cities, state law has not been reformed — and federal law still classifies marijuana as a Schedule I substance, meaning federal charges remain possible in certain circumstances.