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Heroin Possession Charge Lawyer Water Street office (Milwaukee's lower east side)

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In Wisconsin, Possession of Heroin carries a maximum sentence of up to three years and six months in prison, a $10,000 fine, or both. It is a Class I felony. Possession of Heroin with Intent to Distribute or Deliver can be charged as a Class F, E, D, or C felony determined by the weight of the heroin found in your possession. Heroin is a Schedule I narcotic under Wisconsin law. As a Schedule I narcotic, it cannot legally be possessed for any purpose.

Possession with intent to distribute heroin is charged based on the weight of the heroin.

  • 3 grams or less of heroin is a Class F felony. It carries a maximum of 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 is a Class E felony with a maximum sentence of 15 years in prison, a $50,000 fine, or both. 
  • It is a Class D Felony to possess with intent to deliver more than 10 grams but less than 50 grams of heroin and can result in a sentence of up to 25 years in prison, a $100,000 fine, or both. 
  • Possession with intent to deliver more than 50 g is a Class C felony with a maximum sentence of 40 years in prison, up to a $100,000 fine or both.

The penalties for possessing heroin with the intent to distribute can be increased if you are convicted of selling or attempting to sell heroin to a minor under the age of 18 or in a park or near a school.

If you are charged with possession of heroin, one defense that can be utilized is Wisconsin's Good Samaritan law. Under that law, a person cannot be prosecuted for possession of heroin if the police discover the drug in your possession following your call for medical help for another person who is suffering a medical emergency from drug use. Good Samaritan laws only prevent prosecution for possession of heroin and cannot be applied to other crimes related to drugs. Our knowledgeable Milwaukee attorneys will evaluate your case to determine if you are eligible to assert the Good Samaritan law as a defense in your case.

How long does a heroin charge stay on my record?

Possession of heroin or possession with intent to distribute heroin is a conviction that will remain on your record forever. A conviction for possession of heroin may be expunged from your record if the court grants you that option and you successfully complete your sentence. However, expunction does not remove the conviction from your record.  

Possession with intent to distribute heroin is not an expungable offense and therefore will remain on your record permanently if you are convicted.

How to beat a heroin charge in Milwaukee

Generally, defenses to a heroin possession charge will fall into two categories. The first category is challenging the discovery of the drugs. If you are stopped by the police while you are in your car, Our skilled Milwaukee attorneys can evaluate your case to determine if there is an opportunity to challenge the traffic stop of your vehicle, the seizure of your person, or the search of your car resulting in the discovery of the drugs. If the police did not legally search your vehicle, the drugs that were found can be ruled inadmissible against you, making it difficult, if not impossible, for the State to prove their case.

The second category of defenses to heroin possession challenge whether you were actually in possession of the drugs. Possession may be easy to prove if the substance is found on your person, but it is less clear whether you are legally in possession of an item if it is found in your car, your home, or in a bag that was left in your car or your home.

Possession with intent to distribute can also be successfully defended by challenging whether the State can prove that you intended to distribute the drug.  

Our experienced Milwaukee attorneys can evaluate your case and review the evidence to determine whether your possession of heroin charges can be reduced or dismissed.

 

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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:

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