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Possession of Heroin in Wisconsin Wisconsin penalties & fines

First-offense possession of heroin is a Class I felony, with a maximum penalty of up to $10,000, up to 3.5 years in prison or both. Possession with intent to distribute could lead to a maximum fine of $100,000, up to 40 years in prison or both.

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Schedule I Narcotics Charges in Milwaukee

Heroin, also known by the street names H, Smack, Dope, White China, is classified as a Schedule I Narcotic with high potential for abuse. Heroin is one of the most addictive drugs and therefore one of the most penalized for possession and intent to distribute. If you were charged with heroin possession in Wisconsin, you may be desperately worrying about what to do next. While drug laws in Wisconsin vary from county to county, heroin possession charges are penalized severely in Wisconsin.

Grieve Law criminal defense attorneys have years of experience navigating Wisconsin drug laws and are capable of providing you a complete defense to reduce and avoid penalties all together.

Heroin possession penalties in Wisconsin

Possession of Heroin Penalties

Those found to be in possession of heroin can be charged with possession of a Schedule I controlled narcotic.

Your first offense will be considered a felony. Many times Wisconsin drug possession penalties for first or second offenses can be dropped or greatly reduced with a reliable criminal defense strategy.

  • First offense: Class I felony; max. $10,000 fine and/or 3 years, 6 months in prison
  • Subsequent offenses: Class I felony; max. $10,000 fine and/or 3 years, 6 months in prison

What defines possession? Learn more about how the law discerns what is and what isn’t considered legal possession in Wisconsin.



Heroin Possession with Intent to Distribute Penalties

Depending on the circumstances and weight of the substance, you could be considered as having the intent to deliver or distribute a Schedule I narcotic, which would turn your case into a Class F, E, D or C felony.

  • 3 grams or less, you are guilty of a Class F felony; Penalty: Maximum $25,000 fine and/or 12.5 years imprisonment
  • More than 3 grams but less than 10 grams, you are guilty of a Class E felony; Penalty: Maximum $50,000 fine and/or 15 years imprisonment.
  • More than 10 grams but less than 50 grams, you are guilty of a Class D felony; Penalty: Maximum $100,000 fine and/or 25-year prison sentence.
  • More than 50 grams, the person is guilty of a Class C felony; Penalty: Maximum $100,000 fine and/or 40 years in prison.

There may be additional complications if the person you were intending to deliver to was under the age of 18. An imprisonment sentence may be increased up to 5 years for drug smuggling to an underage person. 

Experienced Drug Defense Attorneys, Offices throughout Wisconsin

Every drug possession charge is different, which comes along with different possible penalties. An experienced criminal defense attorney can advise you or your child on your best defenses to get the charges and penalties reduced or dropped completely. Grieve Law has offices in Milwaukee, Madison & the Fox Valley fighting all charges, including drunk driving. For a free initial phone consultation: 

Wisconsin’s Heroin Laws & Statutes

In regards to the possession of Schedule I narcotics, heroin is considered a highly addictive narcotic with no medical benefits. Wisconsin State Statute 961.38 says that any controlled substance included in Schedule I narcotics shall not be distributed, delivered or possessed for any circumstance.

In regards to a charge of intent to deliver a Schedule I narcotic drug such as heroin, Wisconsin State Statute 961.41(a) says that if someone intends to deliver a Schedule I narcotic controlled substance, they may be guilty of a Class F, E, D, or C felony based on the weight of the substance in possession.

Is Heroin Possession a Misdemeanor or Felony Charge in Wisconsin?

A first offense possession of heroin charge is immediately a felony with a maximum penalty of $10,000 fine and/or 3.5 years in jail. It’s important to realize these are the maximum penalties individuals receive for a heroin possession charge. Don’t settle for a fee and plea attorney. The Grieve Law attorneys are well versed in Wisconsin criminal law and will determine your optimal defenses. Grieve Law can help you get your charges and penalties in all areas of criminal law (OWI, firearm possession) reduced or dropped completely. Call now for a free consultation to begin your criminal defense plan of action.

Request a free consultation with Grieve Law, located in Milwaukee, Madison, Glendale, and Brookfield.

In Wisconsin, how long does a Heroin charge stay on your record?

Heroin charges in Wisconsin, if the charge turns to a conviction, could lead to a fine of up to $100,000, but the charge alone could lead be listed on your record for life.

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