Possession of a controlled substance defense starts with a knowledgeable and experienced controlled substance attorney. Our Madison, WI defense attorneys have that experience and frequently defend individuals charged with possession of a controlled substance across Southern Wisconsin. Possession is not the only drug crime that the state could charge you with if you are caught possessing a controlled substance. Different circumstances and facts will determine the severity of the drug charge. A few of the possible charges include manufacturing, distributing, delivering, and possession with intent. If you have been charged with any of these crimes you need to speak with an attorney who knows how to defend these cases. Possession of a Controlled Substance can be a serious crime with harsh penalties. Anderson & O'Connell, S.C. has the reputation of aggressively defending and fighting possession of a controlled substance charges.
Drug Possession Attorneys in Madison, WI
Some drug possession charges are misdemeanor charges if they are a first offense. First offense possession of cocaine is a misdemeanor. The same is true for possession of marijuana. However, second and subsequent drug possession charges will be a felony offense. Whether you are facing a misdemeanor of felony possession charge we can help. We take pride in being one of Wisconsin's top drug possession attorneys. Contact us today to see what we can do for you.
What the State must prove to convict for possession of a controlled substance
Wisconsin Statute § 961.41(3g) defines possession of a controlled substance as possessing a substance that is prohibited by law. These substances can be found in the Uniform Controlled Substances Act. In order to convict you of possession of a controlled substance the state must prove beyond a reasonable doubt the following three elements:
- You possessed a substance;
- the substance was a controlled substance whose possession is prohibited by law; and
- you knew or believed that the substance was a controlled substance that is prohibited by law.
It does not matter if you knew that exact chemical make up or technical name of the drug so long as you believed that the drug was a controlled substance prohibited by law. Knowing a common street name is enough to prove this element. Similarly, believing the substance was a different controlled substance counts as well. "Possession" includes possession of a controlled substance in an area over which you have control, or intended to exercise control over. This includes places such as your vehicle or house. Therefore, before a jury can convict you of possession of a controlled substance the state must prove beyond a reasonable doubt two different knowledge requirements. The knowledge of possession and knowledge of the legality of the substance.