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Heroin Possession Charge Lawyer Brookfield-Waukesha office just off Bluemound

In Waukesha, Wisconsin, penalties for possessing Heroin could reach a fine of $10,000 and 3.5 years in prison, while penalties for possessing Heroin with the intent to manufacture or distribute are $25,000-$100,000 and 12.5 to 40 years in prison.

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Possession of heroin is a Class I felony that carries a maximum sentence of 3 years and 6 months in prison, a $10,000 fine, or both. Possessing heroin with intent to distribute can be charged as a Class F, E, D, or C felony depending on the weight of the drugs found to be in your possession. Under Wisconsin law, heroin is a Schedule I narcotic that cannot be legally possessed for any reason. It is determined to be a highly addictive drug with no medical purpose.

Possession with intent to distribute heroin carries penalties that increase based on the amount of the drug in your possession.

  • 3 grams or less of heroin is a Class F felony that carries up to 12 and a half years in prison, a $25,000 fine or both. 
  • Possession with intent to distribute more than 3 grams but less than 10 grams of heroin is a Class E felony which carries up to 15 years in prison, a $50,000 fine or both. 
  • More than 10 grams but less than 50 grams is a Class D Felony which carries up to 25 years in prison, a $100,000 fine or both. 
  • Possession with intent to distribute heroin more than 50 grams is a Class C felony that carries a maximum of 40 years in prison, up to a $100,000 fine, or both.

You can face additional prison time for selling or attempting to sell heroin to a person under the age of 18, or in specially classified areas such as near a school or at a park. 

There can be limited defenses to possession of heroin. One defense that can be utilized is Wisconsin’s Good Samaritan law. Those laws state that you cannot be prosecuted for possession of heroin if you contact the police to get assistance for a person who is experiencing a medical emergency from drug use. There are limits on the application of Good Samaritan laws, however. Our Waukesha drug attorneys can help explain your options and whether the Good Samaritan law can be applied in your case. Our legal experts have helped hundreds of clients reduce or drop their charges from possession, intent to distribute and first offense drunk driving

How long does a heroin charge stay on my record?

Under Wisconsin law, a conviction for possession of heroin or possession with intent to distribute heroin will remain on your record permanently. If you are convicted of possession of heroin, you may be eligible for expunction upon successful completion of your sentence. However, expunction does not remove the conviction from your record. It merely limits public view of the conviction.

Because of the level of offense, possession with intent to distribute heroin is not an expungable offense. Therefore, you will have a conviction for possession with intent to distribute on your record permanently if you are convicted.

 

How to beat a heroin charge

Heroin charges can be difficult to beat in Brookfield. Often the drugs are found on your person, which can make disproving possession difficult. However, there are still some possible defenses. If you were pulled over in your car, and the police search your car finding heroin, there are potential defenses related to the stop of your car, seizure of your person, and search of your vehicle. Our skilled attorneys can review the facts of your case to determine if the police acted in accordance with the law. An illegal search could result in the suppression of the drugs found, meaning the State cannot use them against you in your case. Without the drugs, the State may not be able to prove a charge of possession of heroin against you.

There are additional questions about possession itself. Although possession is obvious when a substance is found on your person, it can be less clear whether you are in possession of a substance if it is found in your car, in a room in your home, or on a person who is with you in your car or home.

Possession with intent to distribute heroin has additional defenses related to proving your intent. The State must show that you intended to distribute the heroin in your possession in order to prove a charge against you. 

If you are facing a charge of possession of heroin or possession with intent to distribute heroin, our experienced and knowledgeable Waukesha attorneys can help evaluate your case to put you in the best position to limit any consequences you may face.

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Tom Grieve, the firm's managing attorney and founder, is a former state prosecutor and is not the only ex-prosecutor at the firm. We love hiring attorneys from both sides of the wall to bring as many perspectives to fight your case as aggressively as possible. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea™ lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys: