Possession of a Controlled Substance Defense
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 ultimately determine the severity of the drug charge. A few of the possible charges include manufacturing, distributing, delivering, or 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
A drug possession charge are often 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.
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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. Those substances can be found under 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 generally enough to prove this element. Additionally, “possession” includes possession of a controlled substance in an area over which you have control, or intended to exercise control over, such as your vehicle or house. In short, for a jury to 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.
Similar Drug Charges in Wisconsin
Contact our Felony and Misdemeanor Drug Possession Attorneys
Penalties for a Drug Possession Conviction in Wisconsin
The penalties for drug possession charges depend on the substance, the amount, and if you have been convicted of a similar drug crime in the past. For example:
- Schedule I and II narcotic drugs is guilty of a Class I felony.
- Cocaine and cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense.
- Tetrahydrocannabinols (THC), If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense.
- Synthetic cannabinoids, or a controlled substance analog of a controlled substance specified in s.961.14 (4) (tb), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense.
- Methamphetamine. If a person possesses or attempts to possess methamphetamine or a controlled substance analog of methamphetamine, the person is guilty of a Class I felony.
Felony Drug Crime Lawyers in Madison, WI
A second or subsequent drug possession charge will likely be a felony drug possession offense in Wisconsin. An offense is considered a 2nd or subsequent offense if you have at any time been convicted of any felony or misdemeanor under Wisconsin’s Uniform Controlled Substance Act or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs. If you are facing felony drug possession charges contact Anderson & O’Connell, S.C., we are Madison, WI Felony Drug Crime Lawyers in Madison, WI.