Arrested For Possession w/Intent in Wisconsin?
Get a Top Criminal
Defense Lawyer
Possession of a controlled substance with intent to
manufacture, distribute or deliver (drug possession)
is an extremely serious crime under Wisconsin law. It is
felony charge for which you face significant jail time if
found guilty. You will need strong legal representation,
experienced in defending this kinds of drug cases, to determine what grounds
you may have to fight the charges against you.
But I want you to know that I can help, and that
there are things we can do to fight
back.
According to Wisconsin drug laws, the elements of possession
with intent to manufacture, distribute or deliver are:
- the defendant possessed a substance;
- the substance
in question was (Marijuana / Cocaine / Heroin / LSD /
methamphetamine / etc)
;
- the defendant knew or believed that the substance was
marijuana / cocaine / heroin / LSD / methamphetamine
/etc.
- the defendant intended to manufacture, distribute or
deliver marijuana
Possession With Intent in
Wisconsin - Penalties
| Substance |
Quantity |
Maximum Penalty |
| Marijuana |
Two hundred grams or less; or 4 or fewer plants |
3 1/2 years in Prison, $10,000 Fine |
| Marijuana |
More than 200 grams but not more than 1000
grams; or more than 4 plants, but not more than 20
plants, |
6 years prison and a $10,000 fine |
| Marijuana |
More than 1000 grams but not more than 2,500
grams; or more than 20 plants, but not more than
50 plants |
10 years prison and $25,000 fine |
| Marijuana |
More than 2,500 grams but not more than 10,000
grams; or more than 50 plants but not more than
200 plants |
12 years prison and a $25,000 fine |
| Marijuana |
More than 10,000 grams or more than 200 plants |
15 years prison and a $50,000 fine |
| Cocaine |
One gram or less |
10 years prison and a $25,000 fine |
| Cocaine |
More than one gram but not more than 5 grams |
12 years and 6 months prison and a $25,000 fine |
| Cocaine |
More than 5 grams but not more than 15 grams |
15 years prison and a $50,000 fine |
| Cocaine |
More than 15 grams but not more than 40 grams |
25 years prison and a $100,000 fine |
| Cocaine |
More than 40 grams |
40 years prison and a $100,000 fine |
| Heroin |
Three grams or less |
12 years 6 months prison and a $25,000 fine |
| Heroin |
More than 3 grams but not more than 10 grams |
15 years prison and a $50,000 fine |
| Heroin |
More than 10 grams but not more than 50 grams |
25 years prison and a $100,000 fine |
| Heroin |
More than 50 grams |
40 years prison and a $100,000 fine |
| Heroin |
Felony |
3 1/2 years, $10,000 |
| Methamphetamine |
Three grams of less |
12 years and 6 months and a $25,000 fine |
| Methamphetamine |
More than 3 grams but not more than 10 grams |
15 years prison and $50,000 fine |
| Methamphetamine |
More than 10 grams but not more than 50 grams |
25 years prison and a $100,000 fine |
| Methamphetamine |
More than 50 grams |
40 years prison and a $100,000 fine |
| LSD (Acid) |
One gram or less |
10 years prison and a $25,000 fine |
| LSD (Acid) |
More than 1 gram but not more than 5 grams |
12 years and 6 months prison and a $25,000 fine |
| LSD (Acid) |
More than 5 grams |
15 years prison and a $50,000 fine |
The most likely penalty for a first or second offense
marijuana possession charge would be a fine of a few
hundred dollars, or time served if the person was in
custody for a few days or so.
Keeping A Drug House - Wisconsin
Penalties
There are two different criminal charges of Keeping a
Drug House in Wisconsin. They are Misdemeanor charges. The
elements of each crime are:
WISCONSIN KEEPING A DRUG HOUSE FOR USE OF CONTROLLED
SUBSTANCES (MISDEMEANOR)
- That a person kept or
maintained a structure or place
- That the place was
resorted to by persons using controlled substances in
violation of Chapter 961 for the purpose of using
controlled substances
- That the defendant kept such a
place knowingly
The maximum penalty for keeping a drug
house is one year jail and a $25,000.00 fine
WISCONSIN KEEPING A DRUG HOUSE FOR MANUFACTURING,
KEEPING, OR DELIVERING CONTROLLED SUBSTANCES (MISDEMEANOR)
- That a person kept or maintained a structure or place
- That the place was used for manufacturing, keeping or
delivering a controlled substance
- That the defendant
kept such a place knowingly
The maximum penalty for
keeping a drug house for manufacturing, keeping or
delivering a controlled substance is one year jail and a
$25,000.00 fine
These crimes are often charged in conjunction with
other drug charges like intent to distribute or simple possession.
Either way, they are charges that should be taking
seriously by your defense attorney.
Wisconsin Defense
Strategies - Intent to Distribute & Manufacture
There are many different strong defenses to fight an
intent to distribute or manufacture drugs I've used, to
successfully beat these charges.
An intent to distribute, drug selling or dealing
defense usually involves challenging the search and seizure of the
substance. The arresting officers must have probable cause
for the search, whether it is your home, car or person.
Without probable cause, your
rights under both the US Constitution and the laws of
Wisconsin have been violated, which would make the evidence inadmissible in
court.
Often the police will charge you with the much more
serious Possession with Intent to Distribute charge not
based on actually selling or distributing, but simply
because of the quantity of the drugs, or how it is
packaged. They may bring in other officers as experts to
claim intent, but I will challenge those experts claims,
and offer alternative theories as to why the drugs may
have been packaged in the manner claimed, and the drugs
were really for personal use.
I will argue that the facts of the case don't justify
a such serious charge, and it should be reduced to
simple possession. Getting an intent to distribute or
deliver charge reduced is a first step in protecting you
from the harshest penalties.
With such a serious and legally complicated charge,
it's hard to make any general claims or conclusions. I'll
need to study your case closely, and I'll look for any
police mistakes or constitutional issues with which to
fight back. But please, call me right away for a
consultation. Even if you don't want to hire me, you
need to know that the quicker an attorney starts working
on a case, the more defense options you will have.
If you've been arrested on any drug charge in
Wisconsin, call me for a free consultation. Defending people just like you is what I
do everyday. I'll lay out your options, the penalties
you are facing, and offer some recommendations of what to do about it. There's no
charge for my initial advice, so you have nothing
to lose. Call me to get my take on your case. Call
now at 414-332-9400.
Sincerely,
Mark Hersh, Wisconsin Criminal Defense Lawyer
Contact:
Mark Hersh, Attorney at Law
Mark Hersh Law Office S.C.
4425 N. Port Washington Rd. Suite 110
Glendale, WI 53212
Telephone: 414-332-9400 |
