If my boyfriend was arrested for possesion of marijuana under 2 ounces but this is his 3rd possession charge, will it be upgraded to a felony?

The last one was about 4 years ago and he served his time.

Asked on February 17, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Some misdemeanors in Texas are bumped to felonies for the third offense (like theft and DWI's).  However, possession of marijuana is not one of them. 

Possession under 2 ounces is a class B misdemeanor.  It could be bumped to a Class A misdemeanor if he was caught in a school zone, but it would still be a misdemeanor charge at the end of the day.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.