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Possession of heroin is a class I felony and is punishable by up to 3.5 years in prison, up to a $10,000 fine, or both. Depending on the amount, heroin distribution can be a class F, E, D or C felony with penalties ranging from 12.5 years in prison, up to a $25,000 fine or both, to 40 years in prison and up to a $100,000 fine.
Glenn Gaskill
OWI & Criminal Defense Attorney
Being charged with possession of heroin is punishable by up to 3.5 years in prison, up to a $10,000 fine, or both and is a class I felony. If you are found to be distributing heroin then, depending on the weight of the heroin you have, you can be charged with a class F, E, D or C felony. In Racine, Kenosha and everywhere else in Wisconsin, heroin cannot be possessed for any legal reason. It is a Schedule I drug determined to be very addictive and does not have a valid medical purpose.
If you are distributing heroin, the weight or amount found in your possession determines the level of felony that you are charged with.
| Amount | Felony Level | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3 grams or less | Class F Felony | 12.5 years | $25,000 |
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
There are additional penalties if you are charged with intent to distribute and you are at or near a school or park, or if you are selling to someone under the age of 18.
Unlike many drug offenses, a heroin charge in Racine or Kenosha can be subject to Wisconsin’s Good Samaritan law. If you contact the police because someone is suffering from a medical emergency, such as overdosing, and you are in possession of heroin at the time, you cannot be charged. Wisconsin’s Good Samaritan law is not limitless, nor does it automatically apply. Our Racine and Kenosha lawyers can help you to understand your options and find out if you are protected under the Good Samaritan law for your case.
If you are convicted of a heroin offense in Racine or Kenosha it will be on your record permanently. You may be eligible for expunction on your conviction, however, relying on the court to grant you conditional expunction for your heroin conviction is not a safe way to avoid the impact it can and will have on your future. Even with expunction the criminal conviction still remains on your record, it is just removed from public view.
If you are convicted of any level of possession with intent to distribute, your conviction is ineligible for expunction because it is too high of a felony. Any distribution conviction will remain on your record and visible for the rest of your life. The only way to ensure that your conviction does not stay on your record and negatively impact your future is to avoid the conviction in the first place by hiring the right Racine or Kenosha lawyer.
When fighting against a heroin charge in Racine or Kenosha, typically you are not challenging possession as most often the heroin is found on your person. Because you often cannot challenge the charge itself, you may be limited to fighting against how the evidence was found. The police finding heroin is not enough, that evidence can be thrown out if the search was illegal. In a scenario where your car is searched after being pulled over, there are multiple ways the right Racine or Kenosha lawyer can challenge that search. Was the stop legal? Did the police have a valid reason for removing you from the car? Why was your car searched? Depending on the answers to any one of these questions you may be able to have any evidence found thrown out and without the evidence a prosecutor may not be able to prove their case.
While most often heroin is found on your person, sometimes it is not and that's when possession of the heroin can become an issue. When it is found in your car or simply near you in a room, the prosecutor must prove that you have control over it, and that you knew it was there. Proving that the heroin is yours when it is not physically on you, is far more difficult to do.
If you are fighting against a distribution charge, the prosecutor must be able to prove your intent. That your plan is to give the heroin to someone else, without that the prosecutor may be unable to prove their case against you.
Being charged with any heroin offense is a very serious charge. You must have the right lawyer representing you so that you do not end up having to explain your heroin conviction for the rest of your life. Give our experienced award-winning Racine and Kenosha lawyers a call, so that we can begin to fight on your behalf.
