Wisconsin law does not go easy on drug crimes. For many controlled substances, possession of any quantity is a felony, with the class of felony based upon the substance involved. A first conviction of simple possession of certain drugs, such as marijuana, LSD or methamphetamine, may be a misdemeanor. But a second or subsequent offense is a Class I felony and carries a fine of up to $10,000, imprisonment up to 3 ½ years, or both.
If you are facing drug charges of any kind, felony or misdemeanor, in state or federal court, it is important to consult with an experienced drug crime lawyer as soon as possible. At Cafferty Law Office, S.C., we work hard to keep you out of jail, to protect your rights and to avoid a conviction on your record. With a track record of hundreds of successful drug defense cases, Attorney Patrick Cafferty has a reputation for excellence among clients, judges and prosecutors throughout southeastern Wisconsin and northern Illinois.
1. The type of drug
2. Any prior convictions
3. The quantity of the substance involved
4. The element of intent to manufacture, distribute or deliver
Wisconsin law divides controlled substances into five categories, or “schedules,” with Schedule I drugs having the highest potential for abuse and Schedule V drugs having the lowest.
Regardless of their schedule, certain drugs are listed separately with specific penalties. A first conviction of simple possession of any of the following is a misdemeanor:
However, simple possession in any amount of any Schedule I or Schedule II narcotic is a felony, with or without a prior conviction. That category includes:
Police sometimes charge individuals with possession with intent to distribute – a much more serious charge than simple possession – when no selling or distributing has occurred, based on the quantity of the drug involved. The prosecution will argue that the quantity in itself is evidence of intent to distribute. Our defense lawyer will argue that it is not.
Under state law, possession of a controlled substance with intent to manufacture, distribute or deliver is always a felony. The class of felony and possible penalties depend on the type and quantity of the drug.
With marijuana, or more precisely THC (the hallucinogen it contains), the charges and penalties in Wisconsin are:
There are a number of possible legal defenses in drug possession cases. If you are facing these charges, a seasoned drug crime lawyer can make all the difference in the outcome of your case.
Racine drug defense lawyer Patrick Cafferty has been successfully representing clients in criminal defense matters since 1994 and has helped hundreds of people charged with drug crimes. He will work aggressively to keep you out of jail and to keep your record free of a conviction.