Drug Defense

Do You Need a Racine or Kenosha Drug Defense Attorney?

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.

Understand Drug Crimes & Charges

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:

• Marijuana
• LSD
• PCP
• Amphetamine
• Methamphetamine
• Methcathinone
• Psilocin
• Psilocybin

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:

• Heroin
• Morphine
• Cocaine
• Codeine
• Opium
• Methadone