Delivery of a Controlled Substance in Wisconsin
A delivery of a controlled substance charge is a very serious charge. The Wisconsin legislature, under Wis. Stat. § 961.01 has made their intent clear. Wisconsin considers individuals who are involved in the commercial traffic of controlled substances a substantial menace to the public health and safety. They specifically indicate that the “possibility of lengthy terms of imprisonment must exist as a deterrent to trafficking by such persons.” The legislature further recommends that “upon conviction for trafficking, such persons should be sentenced in a manner which will deter further trafficking by them, protect the public from their pernicious activities, and restore them to legitimate and socially useful endeavors.” No criminal charge should be taken lightly. However, if you are facing a delivery of a controlled substance charge you need an aggressive criminal defense attorney to fight for you.
Madison, WI Delivery of a Controlled Substance Attorney
Anderson & O’Connell, S.C. are delivery of a controlled substance attorneys out of Madison. Our approach to drug crime defense starts with looking at how the evidence against our client was obtained. If our client’s Fourth Amendment rights were violated the evidence may be suppressed. This can often lead to a dismissal of the case. In many instances this is how delivery of a controlled substance cases are won.
The legislature has made it clear a substantial punishment can be handed down. However, there is no minimum sentence for a conviction for delivery of a controlled substance. This is where an attorney knowledgeable in the practice of drug crime defense is invaluable. If a conviction is unavoidable knowing what and how to argue at sentencing is important. It can make a difference between a prison sentence and probation.
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Wisconsin’s Delivery of a Controlled Substance Statute
Under Wisconsin Statute 961.41(1) you can be charged and convicted with delivery of a controlled substance if the following three elements are present.
- You delivered a controlled substance
- The substance was a controlled substance whose delivery is prohibited by law
- You knew or believed that the substance was a controlled substance which is prohibited by law.
Deliver means that you transferred or attempted to transfer the substance. Furthermore, there is no requirement that you actually know the chemical structure of the substance so long as you believe the substance is one prohibited by law.
A conviction for delivery of a controlled substance is a felony. In some circumstances, punishable up to 40 years imprisonment. Similar to a possession charge, the type and amount of substance will determine the penalty maximum.