If you are charged with a drug crime you already face potential jail time with a conviction. The length of incarceration can increase if you are charged with selling drugs near a school (within 1000 ft). Under Wis. Stat. § 961.49 the maximum term of incarceration is increased by five years in these situations. That is a serious increase in penalty.
In addition to an increase in jail or prison time, being caught or charged with mere possession of a controlled substance near a school you may be required to complete 100 hours of community service. Furthermore, the state does not need to prove that you knew you were within 1000 ft. of the school to convict you under this statute. This is considered a strict liability statute. If you are charged with possession, delivery, or manufacturing a controlled substance near a school or any one of the locations listed below you need an aggressive criminal defense attorney. Anderson & O’Connell, S.C. devotes a substantial amount of its practice to fighting drug charges. Aggressive, affordable drug crime defense is what we do.
Increased penalties for drug charges in not just limited to schools
A school is not the only place covered by this statute. There are additional penalties for dealing drugs at any of the following locations:
(a) On the premise of a scattered-site public housing project;
(b) Within 1,000 feet of any of the following:
- A state, county, city, village or town park.
- A jail or correctional facility.
- A multiunit public housing project.
- A swimming pool open to members of the public.
- A youth center or a community center.
- Any private or public school premises.
- A school bus.
(c) On the premise of an approved treatment facility
(d) Or within 1,000 feet of a treatment facility if that facility is clearly marked and you knew or should have known it was a treatment facility.