When Is Drug Possession Charged as a Felony in Wisconsin?

 Posted on August 12, 2023 in Drug Crimes

There are multiple drugs that are classified as controlled substances, and possession can lead to drug charges. While some drug possession offenses are classified as misdemeanors, others may be charged as felonies. A person who is convicted of felony drug possession may face a lengthy prison sentence, large fines, and other penalties. Understanding when drug possession is charged as a felony in Wisconsin is crucial for anyone facing these types of charges. An experienced criminal defense attorney can help defendants in drug crime cases understand their options and ensure that they take the correct steps to avoid being convicted, if possible.

Possession of Controlled Substances

Drug crime laws are outlined under Chapter 961 of the Wisconsin Statutes. The severity of a drug possession charge will depend on various factors, such as the type and amount of drugs involved, prior convictions, and whether a person had an intent to distribute the drugs to others.

Types of Drugs:

Controlled substances are grouped into different categories known as “schedules.” These groups are based on factors such as the potential dangers posed by substances, their addictive properties, and the actual or relative potential for abuse.. Schedule I drugs are thought to have the highest potential for abuse, while schedule V drugs may have some potential for abuse and addiction, but may also be regularly prescribed to patients by doctors.

In general, possession of schedule I or schedule II drugs is a Class I felony. Possession of drugs in other schedules may be charged as a misdemeanor, although certain circumstances may cause a possession charge to be elevated to a felony offense.

Amounts:

Charges of “simple” possession may apply in cases involving small amounts of drugs. However, possession of a large quantity of certain drugs can be used to prove an intent to manufacture, distribute, or deliver. A charge of possession with intent to manufacture, distribute, or deliver can range from a Class I felony for schedule V drugs to a Class C felony for large amounts of certain schedule I or schedule II substances, such as heroin, cocaine, or methamphetamine.

Prior Convictions:

In some cases, a drug possession charge may be elevated from a misdemeanor to a felony for a subsequent offense. The specific charges will depend on the types of drugs. For example, a second conviction for possession of cocaine, LSC, or THC (the psychoactive chemical in marijuana) is a Class I felony.

Potential Penalties for Felony Drug Possession Charges

When drug possession is charged as a felony, the potential penalties will vary depending on the class of felony charged. Most of the time, felony charges for simple possession will be classified as Class I felonies, and a person may face imprisonment for up to three years and six months and/or a fine not to exceed $10,000. Accusations of possession with intent will often result in more serious felony charges, and the penalties can range from Class G felonies with sentences of up to 10 years and fines of up to $25,000 to Class C felonies with sentences of up to 40 years and fines of up to $100,000.

In addition to fines and jail time, felony convictions may also result in other types of penalties. A person may be sentenced to a period of probation, which may include participation in drug treatment programs, community service, and other requirements. Drug offenses will also show up on a person’s criminal record, which might limit their employment opportunities, make it difficult to obtain loans or housing, and affect other aspects of their life.

Contact Our Milwaukee, WI Drug Possession Defense Lawyers

If you are facing drug possession charges in Wisconsin, and there is a possibility that you may be charged with a felony, it is crucial to seek legal representation immediately. The experienced Milwaukee drug crime defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP understand how Wisconsin’s laws apply in cases involving drug possession, and we are prepared to advocate for your rights and help you resolve your case successfully. Contact us today at 414-271-1440 or to schedule a confidential consultation.