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Penalties for trafficking drugs in Wisconsin (manufacturing, delivering or distributing them) vary based on the drug itself, the quantity, circumstances, number of previous offenses and other variables. Trafficking Schedule I and II narcotics could be a Class E felony or a fine up to $50,000, up to 15 years in prison or both.
One of the best defenses for a drug trafficking charge is to challenge the search and seizure that led to your arrest. Police officers must have probable cause before searching you, your car, your home, your backpack, or anywhere else. If the arresting officer did not have probable cause when they found the drugs, any evidence they found is no longer admissible in court.
If you’ve been charged with maintaining a drug trafficking place, there’s only so far cursory online research is going to get you. A free consultation with an experienced lawyer will give you the lay of the land far better than a Google search.
The DA will often seek to establish a negotiating position by charging you with everything they can. Sometimes the accompanying charges fit naturally with a drug trafficking charge, like possession of drug paraphernalia, and possession and intent to distribute the drug being trafficked (often cocaine or marijuana).
Determining whether you can beat the charges or plead them down is something an experienced drug crime defense attorney can help you with. If charges brought against you don’t seem to fit into any common felony or misdemeanor class, learn more about Class U misdemeanors in Wisconsin, or call an experienced defense attorney at Grieve Law. The penalties you receive for drug trafficking in Wisconsin may depend on:
| Felony Class: | Maximum Prison Sentence: | Maximum Fine: |
|---|---|---|
| C | 40 Years | $100,000 |
| D | 25 Years | $100,000 |
| E | 15 Years | $50,000 |
| F | 12.5 Years | $25,000 |
| G | 10 Years | $25,000 |
| Drug Type | Quantity | Prison Sentence Range | Maximum Fine |
|---|---|---|---|
| Heroin | 100 Grams | 5 - 40 Years | $5,000,000 |
| Heroin | 1 Kilogram | 10 Years - Life | $10,000,000 |
| Cocaine | 500 Grams | 5 - 40 Years | $5,000,000 |
| Cocaine | 5 Kilograms | 10 Years - Life | $10,000,000 |
| Methamphetamine | 5 Grams | 5 - 40 Years | $5,000,000 |
| Methamphetamine | 50 Grams | 10 Years - Life | $10,000,000 |
Other drugs you can be charged for trafficking include but are not limited to:
There are two misdemeanor charges for keeping a drug house in Wisconsin. One refers to a place for using drugs, while the other refers to a place used for manufacturing, storing, or delivering controlled substances. The charges are largely the same and involve the following:
The maximum penalty for either drug house charge is one year in jail and a fine of $25,000.
Although the jail time for these charges is only a year (as compared to the 40-year sentence for heroin possession), they are frequently combined with other charges, such as Wisconsin’s possession with intent to distribute charge. The severity of possession with intent charges depends on which illegal substance was found, and how much.
Police officers must have probable cause before searching you, your car, home, backpack or anywhere else. If the arresting officer did not have probable cause when they found the drugs, any evidence they found is no longer admissable in court.
