Serious Drug Offenses
Wisconsin prosecutors take drug crimes very seriously and often pursue maximum penalties against defendants. There are a series of laws in the state regarding drug crimes. The potential charges that you face usually depends on your suspected conduct regarding the drugs, the type of drug, and the amount of drugs in question. For help defending yourself against these charges, contact an experienced criminal defense lawyer at Hogan Eickhoff by calling (920) 450-9800 to schedule a confidential consultation.FREE CONSULTATION
Being in possession of a controlled substance can subject you to criminal charges ranging from misdemeanor offenses to felony offenses. The type of charges you face depends on the type of substance, the amount found in your possession, and any previous history of convictions for drug crimes. For example, a first conviction for possession of THC can result in imprisonment up to six months and a fine up to $1,000. Possession of methamphetamine can result in imprisonment for up to 3.5 years and a fine up to $10,000 for a first-time offender.
Possession with Intent to Distribute
Possession of a controlled substance with the intent to distribute is considered a felony in Wisconsin. The level of felony depends on the type of drug and amount. For example, possession of 200 grams of THC or less is considered a Class I felony with a maximum penalty of 3.5 years imprisonment and a fine of $10,000. Up to 1,000 grams yields a Class H felony with a maximum term of imprisonment of 6 years. Possession of three grams or less of methamphetamine is charged as a Class F felony, while more than 50 grams is considered a Class C felony.
Second & Subsequent Drug Offenses
First offenders receive lighter penalties than individuals who are considered repeat offenders. For example, a second or subsequent offense of possession of THC can result in a Class I felony with the possibility of being imprisoned for up to 3.5 years and a fine up to $5,000.
Manufacturing, Distributing, or Delivering of a Controlled Substance
Manufacturing, distributing, and delivering a controlled substance all have different definitions under state law, but the penalties are similar. For example, delivering, manufacturing, or distributing under 200 grams or four or fewer plants of marijuana can result in being charged with a Class I felony. Delivering, manufacturing, or distributing one gram or less of cocaine can result in a Class G felony with a possible penalty of 10 years imprisonment and a $25,000 fine. The definitions of these offenses include:
- Manufacture – to produce, prepare, compound, or process a controlled substance.
- Distribute – to deliver other than administering or dispensing a controlled substance
- Deliver – the transfer from one person to another of a controlled substance
Drug Trafficking or Keeping a Drug House
In Wisconsin, it is illegal for a person to knowingly keep a drug house or other structure. This crime is charged as a Class I felony, and can be charged when the following conditions are present:
- You kept a building or place.
- People used controlled substances in the building or place, or it was used to manufacture, store, or deliver drugs.
- You knew the building or place was used for this purpose.
Homicide: Len Bias Law
If you supply a controlled substance to a person and he or she dies after taking it, you can be charged with homicide under the Len Bias law. If convicted of this crime, you can face up to 25 years imprisonment, followed by 15 years of extended supervision.
Party to a Crime
A person can be charged as a party to a crime if he or she commits a crime, helps someone commit it, conspires with someone else to commit it, or hires someone else to commit it.
Choose the Professional Drug Offense Lawyers
Contact Hogan Eickhoff today by calling (920) 450-9800, or request a consultation online. Located in Appleton, we serve the state of Wisconsin including Green Bay, Oshkosh, Chilton, Waupaca, and beyond. In addition to representing clients accused of drug offenses and crimes, we have experience with cases involving felonies, misdemeanors, sex offenses, domestic violence, property crimes, and violent crimes.