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 & Scheidegger, 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, the attorneys at Cafferty & Scheidegger have a reputation for excellence among clients, judges and prosecutors throughout southeastern Wisconsin.
Whether possession of a controlled substance is charged as a misdemeanor or a felony depends on several factors:
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 and Kenosha drug defense lawyers at Cafferty & Scheidegger have been successfully representing clients in criminal defense matters since 1994. We have helped hundreds of people charged with drug crimes. Our team will work aggressively to keep you out of jail and to keep your record free of a conviction.
From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine federal criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.
We Defend You
The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.
The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 through 2022. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 28 years of trial skills and courtroom experience.
We are here to help you with your law questions.