A delivery of a controlled substance charge is a very serious charge. The Wisconsin legislature, under Wis. Stat. § 961.01 has made that very 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 Wisconsin legislature has further recommended 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." This is a line that many judges like to repeat when sentencing an individual for delivery of a controlled substance in Wisconsin. Although no criminal charge should be taken lightly, a felony delivery charge should be taken very seriously. If you are facing any type of drug 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 some Madison Wisconsin's top drug crime attorneys. Our approach to drug crime defense starts with looking at the evidence against our clients. We look at police practices and how the evidence was obtained. If your Fourth Amendment rights were violated the evidence may be suppressed. This can often lead to a dismissal of the charge or the case altogether. In many instances this is how delivery of a controlled substance cases are won.
The legislature has made it clear that a substantial punishment can and should be handed down. However, there is no minimum sentence for a conviction for delivery of a controlled substance. If a conviction is unavoidable, you need a quality defense attorney. This is where knowledge in the practice of drug crime defense is invaluable. Knowing what to argue and how to argue at sentencing is important. It can make a difference between a prison sentence and probation.
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.
Wisconsin Delivery of a Controlled Substance Defense
Anderson & O'Connell, S.C. has represented many individuals charged with controlled substance crimes. Our attorneys know how to mount a proper defense. We understand how the courts work and what judges look for in sentencing. Let Anderson & O'Connell, S.C. fight the charges for you.