Drug Offenses

/Drug Offenses
Drug Offenses 2018-03-24T14:57:34+00:00
Eau Claire WI Drug Attorney

Being charged with a drug crime in Wisconsin can have lasting adverse effects on your life. Not only can you can you have a permanent criminal conviction visible to the public and any future employer, but you also face potential jail time, fines, probation or even prison. Drug convictions also carry significant collateral consequences such as exclusion for certain housing, denial of federal financial aid and employment.

Jessie Weber is dedicated to represent persons charged with all types of drug charges including minor possessions charges, drug sales, manufacturing or trafficking.

Wisconsin Drug Crime Classifications

Drug crimes in Wisconsin can be charged as a misdemeanor or felony. Whether these crimes are charged as a misdemeanor or felony depend on certain things:

  • The type of drug
  • The quantity of drug
  • Possession of drugs versus delivery of drugs

Felony drug crimes fall into 7 different categories and each carry a maximum sentence.

  • Class C carries a maximum sentence of 40 years imprisonment, $100,000 fine or both.
  • Class D carries a maximum sentence of 25 years imprisonment, $100,000 fine or both.
  • Class E carries a maximum sentence of 15 years imprisonment, $50,000 fine or both.
  • Class F carries a maximum sentence of 12 years and six months imprisonment, $25,000 fine or both.
  • Class G carries a maximum sentence of 10 years imprisonment, $25,000 fine or both.
  • Class H carries a maximum sentence of 6 years imprisonment, $10,000 fine or both.
  • Class I carries a maximum sentence of 3 years and six months imprisonment, $10,000 fine or both.

All misdemeanor charges are considered unclassified misdemeanor and penalties vary depending on the charge. For example:

  • Possession of marijuana (THC) carries a maximum penalty of 6 months jail time, $1,000 fine or both.
  • Possession of drug paraphernalia carries a maximum penalty of 30 days jail time, $500 fine or both.
  • Possession of cocaine as a first offense carries a maximum penalty of 1 year jail time, $5,000 fine or both. Second and subsequent offenses are charged as Class I felonies.
Elements Of Drug Crimes
Possession

The state must prove:

  • You possessed a substance
  • The substance was a controlled substance that is prohibited by law
  • You knew or believed that the substance was a controlled substance
Delivery

The state must prove:

  • You delivered a substance
  • The substance you delivered was a controlled substance that is prohibited by law
  • You knew or believed that the substance you delivered was a controlled substance
Possession With Intent To Deliver

The state must prove:

  • You possessed a substance
  • The substance was a controlled substance that is prohibited by law
  • You knew or believed that the substance was a controlled substance
  • You intended to deliver the substance
Marijuana Drug Crimes

Possession of marijuana is not legal in Wisconsin. The penalties for possession of marijuana can depend on different factors such as whether a person has prior drug convictions and the amount in possession.

A second offense possession of marijuana can be charged as a felony in Wisconsin. Certain counties have ordinances prohibiting the possession of marijuana. If you are charged criminally with possession of marijuana it may be possible to have your criminal charge amended to an ordinance violation which is not a crime.

Certain municipalities give law enforcement the discretion to issue a citation for possession of marijuana in lieu of referring the case to the District Attorney’s Office for review of criminal charges. Every case is different and how a case is charged depends on the circumstances of the case.

Prescription Drug Crimes

It is illegal to possess medication that is not prescribed to you. A person can be charged with a misdemeanor or felony for possessing medications not prescribed to them.

The seriousness of the charge depends on the type of medication (what Schedule drug it is) and also the quantity of medications. A person in possession of hundreds of pills can be charged with possession with intent to deliver the non-prescribed medication whereas a person in possession of a few non-prescribed pills would most likely be charged with a possession crime.

The following is an example of a prescription medications crime:

Possession of oxycontin: Class I felony, punishable by up to 3 years 6 months imprisonment, $10,000 fine or both

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