Possession of a Controlled Substance with Intent to Deliver
Under Wisconsin Statute 961.41(1m) it is a crime to possess a controlled substance with the intent to deliver. For the most part, what separates this charge from a possession of a controlled substance charge is the intent to deliver aspect. Of course that is no surprise given the name of the charge. The police and the prosecutors will attempt to show “intent” in a few different ways.
First, Intent can be demonstrated by the quantity and value of the drug. The larger the quantity the better the argument that it was not for personal use. Additional factors include whether or not you were found with paraphernalia. Certain drug paraphernalia can suggest delivery of the drug was taking place. Furthermore, if you make any statements that suggest you were intending to distribute the drug you could be charged with possession with intent to deliver. Similar to possession of a controlled substance, the penalties will vary depending on the substance and quantity you are found with.
Dane County, WI Possession with Intent Attorney
Anderson & O’Connell, S.C. practices criminal defense in Dane County and the rest of Southern Wisconsin. We have the experience needed to fight possession with intent cases. Our attorneys know the law and the courts. If you are looking for a Dane County, WI possession with intent attorney contact us today.
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What the State must prove to convict you of possession with intent to deliver
In order for the state to convict you they must prove beyond a reasonable doubt the following four elements:
- That you possessed a substance;
- the substance was a controlled substance that is prohibited by law;
- you knew the substance was prohibited by law; and
- that you intended to deliver the substance.
Delivery of a controlled substance means to transfer the controlled substance to another person. Similarly, intending to deliver means you had the purpose or was aware that your conduct was likely to result in the delivery of a controlled substance. Just as we indicated above, the amount of the controlled substance, the packaging of the controlled substance, any statements, and/ or paraphernalia will determine if the state will charge you with possession with intent.