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?
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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 9 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.
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