Milwaukee, WI Drug Charge Defense Lawyer
Representing Clients Charged with a Controlled Substances Offense in Milwaukee, Waukesha & WI
Milwaukee Criminal Defense Attorney Defending Your Freedom
We represent clients charged with any drug offense in Milwaukee, Waukesha, Kenosha, Racine, Jefferson, Ozaukee, West Bend, Dodge or anywhere in Wisconsin
Controlled Substances Laws in Wisconsin
Wisconsin Statutes chapter 961 regulates narcotics in Wisconsin, and lists penalties for criminal violations. There are serious penalties including incarceration and mandatory driver's license suspensions for violations of Wisconsin drug laws. The severity of the possible sentence depends on which controlled substance(s) is involved in the offense; the amount of the narcotic(s); the type of violation - whether someone is charged with possession, intent to deliver, or delivery; and any prior drug convictions.
When we defend any Wisconsin state or federal drug charge, whether it is an offense of simple possession in Milwaukee, or possession with intent to deliver in Waukesha, our experienced Milwaukee drug crime lawyer will throughly dissect every part of the case, starting with determining whether there was an improper stop, search, or arrest by the police investigating the case. Sometimes officers investigating narcotics offenses use illegal search and interrogation tactics to force confessions and try to obtain convictions. A Milwaukee criminal defense attorney from Gamiño Law Offices, LLC won't let them get away with it! We put the prosecutors to their proof at every stage of the proceeding - to suppress evidence and win trials for our clients.
*Free Initial Consultations with WI Drug Crime Defense Lawyer
*Flat Fee Agreements and Payment Plans Available
For more information about our dedicated Milwaukee criminal lawyers in Waukesha or Milwaukee who focus on state and federal drug charges, please contact us today! Also visit our informative Wisconsin criminal resources page.
Penalty Enhancers for Repeat Drug Offenses
Penalty Enhancers for Narcotics Offenses
Second or subsequent felony drug offense penalty enhancer under § 961.48: If the charged controlled substance offense is:
- A class C or D felony: the max term of imprisonment may be increased by up to 6 years.
- A class E, F, G, H or I felony: the max term of imprisonment may be increased by up to 4 years.
Wisconsin Statutes § 961.49 & 961.495 provide penalty enhancers for narcotic crimes in certain places. The maximum term of imprisonment may be increased by 5 years if the controlled substance offense is:
- An offense involving distribution or delivery or possession with intent to deliver or distribute cocaine, cocaine base, heroin, LSD, Methamphetamine, Marijuana, or other narcotics;
- And the offense occurs in a public housing project or within 1,000 feet of a park, correctional facility, jail, public swimming pool, youth or community center, public or private school, or a school bus;
The judge may also order up to 100 hours of community service for certain drug offenses.
Controlled Substances in Wisconsin are classified as follows:
- Schedule I Narcotics include: Synthetic opiates, substances derived from opium, hallucinogenic substances, depressants, and stimulants, including: heroin, MDA, MDE, MDMA, DOET, STP, LSD, PCP, psilocybin, psilocin, THC, GHB, and BZP.
- Schedule II Narcotics include: Substances of plant origin, opium and substances derived from opium, synthetic opiates, stimulants, depressants, and hallucinogenic substances, including: opium, codeine, morphine, oxycodone, cocaine, methadone, amphetamine, and methamphetamine.
- Schedule III Narcotics include: Stimulants, depressants, hallucinogenic substances, anabolic steroids, and other substances including: pentobarbital and ketamine.
- Schedule IV Narcotics include: Depressants, stimulants, and other substances, including: clonazepam, diazepam, lorazepam and phenobarbital.
Required Driver's License Suspension
Upon conviction for any drug offense the judge is required to impose a suspension on the person's privilege to operate a motor vehicle for a minimum of 6 months to a maximum of 5 years. Eligibility for an occupational driver's license is based on the number of prior controlled substances offenses.
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1746 S. Muskego Ave. | Milwaukee, WI 53204 | 414-383-6700
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