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Possession of Heroin (Schedule I drug) in Appleton has penalties of up to $10,000 fines and/or up to 3.5 years in prison. If caught with the intent to distribute or deliver, penalties may include up to $100,000 fines and/or up to 40 years in prison.
Heroin Possession Charge Lawyer Appleton office near city hall
Heroin Possession Penalties in Wisconsin
Possession of Heroin is a Class I felony because it is a Schedule I narcotic that is illegal to possess for any purpose. You can face a maximum sentence of up to three and a half years in jail and/or up to $10,000 fines if convicted.
Intent to distribute or deliver heroin in your possession may be charged as a Class F, E, D, or C felony. The charges are determined by the amount of heroin in your possession.
- Class F felony: 3 grams or less of heroin. Penalities: Up to 12 years in prison and/or up to $25,000 fines.
- Class E felony: More than 3 grams but less than 10. Penalties: Up to 15 years in prison and/or up to $50,000 fines.
- Class D felony: more than 10 grams but less than 50. Penalties: Up to 25 years in prison and/or up to $100,000 fines.
- Class C felony: More than 50 grams. Penalties: Up to 40 years in prison and/or up to $100,000 fines.
If you are convicted of selling or attempting to sell heroin to minors in a park or near a school, possession and intent to distribute charges can be increased.
Best Defense for Heroin Possession
Wisconsin’s Good Samaritan law is a defense tactic that can be utilized if you’re charged with possession of heroin. Under the law, if police find heroin in your possession following your call for help of another person who is suffering a medical emergency from drug use, you cannot be prosecuted. Good Samaritan laws only apply to heroin possession and cannot be applied to other drug-related crimes. Our experienced criminal defense attorneys will review your case to determine if the Good Samaritan law works in your defense.
With years of experience assisting clients in getting their first offense DWI, drug possession and domestic violence charges dropped or reduced, Grieve Law is your best option.
How long does a heroin charge stay on my record?
Heroin possession or intent to distribute charges will remain on your record for life. It is possible to have possession charges expunged from your record but only if the court grants you the option and you successfully complete your sentence. Expunction does not remove the conviction from your record, it only makes it harder to find. Distribution charges are not expungable and will remain on your record permanently if you are convicted.
How to beat a heroin charge in Appleton
Challenging the discovery of the drug: Our skilled Appleton attorneys will analyze your case to see if it’s possible to challenge a traffic stop of your vehicle, the seizure of your person, or the search of your car that resulted in the discovery of the drugs. If the search of your vehicle was not legal, the drugs found are inadmissible in court, making it difficult for the state to prove their case.
Whether you were actually in possession of the drug: If the drugs were found in your car, at home, or in a bag that was left in your car or your home, it’s harder for the state to prove you were in legal possession of them.
Intent to distribute charges can be defended by challenging whether the state can prove you intended to distribute the drugs. Our attorneys will evaluate your case to determine if any of these defenses can be used to get your heroin charges reduced or dismissed.
