Fifth-Generation Kerrville Attorney. Over 20 Years Defending Drug Distribution Cases in Kerr County.
A drug distribution charge is a felony under Texas law, and the decisions made in the first hours after an arrest can shape defense options that follow. The Law Office of Patrick O’Fiel, P.C. is based in Kerrville and represents clients facing distribution charges throughout Kerr County and the surrounding Hill Country communities. Attorney Patrick O’Fiel is a fifth-generation lawyer with over 20 years of criminal defense experience and a working knowledge of the 198th and 216th District Courts where these felony cases are heard.
Kerr County prosecutors treat drug distribution seriously, and cases can move quickly in smaller Hill Country communities. Early contact with our firm can limit the risk of self-incrimination and preserve the defense options available to you before drug distribution charges are finalized.
If you’re facing a drug distribution felony, don’t wait. We offer 24/7 availability and free consultations. Call us at (830) 331-5977 or reach out online now.
How Texas Defines Drug Distribution
Under the Texas Controlled Substances Act (Health and Safety Code Chapter 481), drug distribution is charged as Delivery of a Controlled Substance. “Delivery” means transferring a controlled substance actually or constructively to another person. Constructive transfer doesn’t require physically handing over a substance; control over a transfer is enough to support a charge.
The definition reaches further than most people expect. An offer to sell a controlled substance qualifies as delivery under Texas law, which means no exchange of money and no completed physical transfer is required for a felony charge to be filed. Distribution charges are treated more seriously than possession charges because they imply an intent to supply rather than personal use.
The Texas Drug Penalty Group System
Penalties are determined by the penalty group of the drug and the quantity seized. The groups are ranked by severity, with PG 1 carrying the harshest penalties.
Penalty Group 1 (PG 1): Includes cocaine, heroin, methamphetamine, and opioids.
Penalty Group 2 (PG 2): Includes drugs such as ecstasy (MDMA) and psilocybin.
Penalty Groups 3 and 4 (PG 3/4): Includes substances such as Xanax, Valium, and certain low-narcotic compounds.
The quantity thresholds are low. Delivery of less than one gram of a PG 1 substance starts as a State Jail Felony, which means even small amounts can result in a felony record with serious long-term consequences.
Penalties & Collateral Consequences of a Texas Drug Distribution Conviction
A felony conviction for drug distribution imposes severe, life-altering consequences that begin when a sentence is imposed.
Felony Punishment Ranges
State Jail Felony (Delivery of less than 1 gram of PG 1): 180 days to 2 years in state jail and a fine up to $10,000.
Second-Degree Felony (Delivery of 1 to 4 grams of PG 1): 2 to 20 years in state prison and a fine up to $10,000.
First-Degree Felony (Delivery of 4 to 200 grams of PG 1): 5 to 99 years or life in state prison and a fine up to $10,000.
Enhanced First-Degree Felony (Delivery of 200 to 400 grams of PG 1): 10 to 99 years or life in state prison and a fine up to $100,000.
Enhanced First-Degree Felony (Delivery of 400 grams or more of PG 1): 15 to 99 years or life in state prison and a fine up to $250,000.
Collateral Consequences
Loss of Civil Rights: A conviction results in the loss of voting rights while incarcerated or on parole or supervision; rights are restored upon full discharge of sentence. A felony conviction also triggers significant firearm restrictions. Under Texas Penal Code §46.04, a person convicted of a felony can’t possess a firearm for five years after completing their sentence, and even then only within their home. Federal law imposes a broader prohibition that doesn’t recognize the Texas five-year exception, creating serious risks for anyone who isn’t aware of both sets of rules.
Professional Licensing: A Texas felony conviction for delivery of a controlled substance can result in revocation of professional licenses, including those in medicine, teaching, and real estate.
Asset Forfeiture: The State can initiate proceedings to seize property, vehicles, or cash alleged to be connected to the offense.
Habitual Offender Enhancement: A subsequent felony conviction after a distribution conviction can trigger sentencing enhancements under Texas habitual offender laws, potentially resulting in dramatically higher minimum prison time.
Immigration Consequences: For non-U.S. citizens, felony drug distribution convictions can trigger deportation and permanent inadmissibility.
Our Approach to Drug Distribution Defense
We build each defense around the specific facts of the case. Attorney O’Fiel’s familiarity with Kerr County’s courts and their participants, developed over more than two decades of local practice, informs strategic decisions from arraignment through resolution.
Challenging Knowledge and Intent: We work to show the client was unaware of a package’s contents, or that the circumstantial evidence simply doesn’t establish intent to deliver.
Entrapment Defense: In undercover sting cases, we review the facts to determine whether law enforcement induced the client to commit a crime they weren’t otherwise predisposed to commit.
Fourth Amendment Challenges: An unlawful search or seizure can result in evidence being suppressed, and suppressed evidence can lead to reduced or dismissed charges.
Forensic and Weight Scrutiny: We challenge the integrity of lab reports and the methods used to determine the weight and purity of seized substances. Chain of custody failures in handling seized materials can also be grounds to challenge admissibility.
Why Clients Choose Our Kerrville Drug Distribution Lawyers
As a fifth-generation law office with over 20 years of criminal defense experience, we bring local roots and personal attention. We intentionally limit our caseload so clients get direct access to an attorney who knows this community and the courts where these cases are decided.
Clients tell us they value our honest advice and the confidence that comes from working with someone genuinely rooted in Kerrville. We stay current on legal developments and court expectations specific to Kerr County, and our network of local professionals, including counselors, investigators, and other support providers, can be as valuable as the legal strategy itself.
Clients trust us to:
Answer your questions: We break down complex legal language so you understand exactly what comes next.
Review your unique situation: We examine your case details, potential consequences, and available options in plain language, including those specific to Kerr County courts.
Connect you to support: Our network includes providers for counseling, treatment, and other resources if you need more than legal help.
Provide ongoing guidance from your initial call through final resolution.
Contact Our Kerrville Team for a Confidential Consultation
If you or a loved one is facing drug distribution charges in Kerrville or the Texas Hill Country, reach out to The Law Office of Patrick O’Fiel, P.C. for a confidential consultation. We offer 24/7 availability, free consultations, and responsive, personal attention when the stakes are this high.
Call (830) 331-5977 or reach out online today. We respond promptly, answer your questions, and help you feel supported at every stage of this process.
Frequently Asked Questions
What Is Considered Drug Distribution in Texas?
Under the Texas Controlled Substances Act (Health and Safety Code Chapter 481), drug distribution is charged as Delivery of a Controlled Substance. The definition covers actual transfers, constructive transfers, and even offers to sell, meaning a completed transaction isn’t required for a felony charge to be filed. Constructive transfer is particularly broad: a defendant doesn’t have to physically hand over a substance if they exercised control over the transfer. Distribution is treated as a more serious offense than possession because it implies intent to supply rather than personal use, and the penalty ranges reflect that distinction at every quantity level.
How Serious Are Drug Distribution Charges in Kerrville?
Very serious. Distribution charges are felonies processed through the 198th or 216th District Court for felony drug charges, or through the Kerr County Court at Law for Class A and B misdemeanor-level offenses. The outcome depends on the penalty group and quantity of the drug, your prior record, and the specific facts of the case. Kerr County prosecutors take these charges seriously, and the courts move quickly. Early legal guidance matters.
Will a Distribution Charge Always Lead to Jail Time?
Not every case ends in incarceration. Courts consider the facts, your background, the drug type and quantity, and available local alternatives before reaching a resolution. First-time or lower-level offenders in Kerr County may have access to diversion opportunities in both felony and misdemeanor court. An attorney can help identify which options may apply to your situation.
How Does the Local Legal Process Work for These Charges?
Your case can move through Kerr County’s criminal court system, with hearings and possible discussions about resolutions or alternatives depending on local procedures and the facts of your situation. Attorney O’Fiel’s familiarity with the 198th and 216th District Courts and their participants helps us navigate that process effectively on your behalf.
Why Should I Contact a Lawyer If Charged With Distribution?
Early representation limits the risk of self-incrimination and preserves defense options before charges are finalized. Our drug distribution lawyers can evaluate the evidence, identify constitutional issues such as unlawful search and seizure, and develop a strategy tailored to the specific facts of your case. We offer 24/7 availability and free consultations. Call (830) 331-5977 to get started.
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
“Patrick and his staff were always very kind, helpful and upfront with me. They helped me through a difficult situation. I always knew I could count on them to be there for me.”
Linda
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
“Mr. Ofiel was very professional. He showed consideration to our personal needs. I would very much use him again in any legal issues I have.”
Brenda
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
“Patrick and his staff used their experience more than once too calm me from the emotion of the day. When I or my X would "get in the weeds" over what I see now as a trivial matter, they would calmly usher me back to the task at hand.”
Dave
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research and he's very professional”
“Patrick represented me in a very bitter child custody case after my daughter was killed in a car accident. I wanted both children to stay together and the other person only wanted one. He did a lot of research he's very professional.”
Client Testimonials
