WI Criminal Attorneys: Defending Milwaukee Drug Crime & Possession Offenses

Charged with Possession of a Narcotic Drug or Paraphernalia in Milwaukee?

Experienced Trial Attorney: Possession of Schedule I or II Controlled Substances, Cocaine, THC, Heroin,

In Wisconsin, a person may be charged with Possession of a Controlled Substance, in violation of Statute § 961.41(3g) if alleged to have:
  • possessed a substance;
  • the substance was a controlled substance or controlled substance analog;
  • known or believed that the substance was a controlled substance or controlled substance analog.

A person may be charged in Wisconsin with Possession of Drug Paraphernalia contrary to § 961.573(1), or 961.573(3) for Methamphetamine Paraphernalia if alleged to have:
  • possessed an item;
  • the item in question was drug paraphernalia;
  • possessed the drug paraphernalia with the primary intent to use it to:
          •  (for regular paraphernalia:) ingest, inhale, or otherwise introduce into the human body a  
                                                    controlled substance, or 
          •​  (for methamphetamine paraphernalia:)  manufacture methamphetamine.

Prescription drug fraud crimes for violations of § 961.43 Wisconsin Statutes, arise when someone steals prescription pads from a doctor, forges a doctor's signature on a prescription, obtains unauthorized refills of a prescription, sells prescription illegally, or otherwise illegally uses a prescription or prescription medication. 

Possession of Narcotics Offenses in Wisconsin

Sentencing Penalties if Convicted of Drug Possession or Related Offenses

Gamiño Law Offices, LLC provides representation for criminal charges in Wisconsin involving possession of any controlled substances, paraphernalia, or prescription fraud.  If you are charged with possession of a scheduled narcotic drug, including: heroin, cocaine, crack, LSD, magic mushrooms, ecstasy, speed, PCP, meth, marijuana, or any other controlled substance, or equipment used to ingest illegal drugs, you need an effective defense lawyer who will examine every available defense to your case.  Our experienced Milwaukee drug crimes lawyer provides a solid defense strategy for your case:  whether litigating illegal searches, seizures, confessions or trials, to finding successful treatment options, or negotiating plea agreements to minimize any penalties or incarceration, our Waukesha and Milwaukee criminal defense attorneys are the best lawyers to defend your drug charges.
*Free Consultations In Possession of Controlled Substances Cases
*Flat Fee Agreements and Payment Plans Available
*Hablamos Español
For more information about our dedicated state and federal drug crime lawyers in Milwaukee, and any other legal needs from Waukesha or Milwaukee criminal attorneys, please contact us today!  Click here for links to court information and jail inmate locators in Wisconsin.
Defending possession of drug offenses in Waukesha & Milwaukee, WI
Wisconsin Statute § 961.48 provides enhanced penalties for second or subsequent WI felony drug offenses.  If the charged offense is:
  • A class C or D felony: the maximum term of imprisonment may be increased by up to 6 years.
  • A class E, F, G, H or I felony: the maximum term of imprisonment may be increased by up to 4 years.
Wisconsin Statutes § 961.49 & 961.495 provide penalty enhancers for WI drug trafficking crimes in certain places.  The maximum term of imprisonment may be increased by 5 years if the controlled substance offense:
  • Involved distribution or delivery or possession with intent to deliver or distribute cocaine, cocaine base, heroin, LSD, Methamphetamine, Marijuana, or other narcotics;
  • And occurred 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 possession offenses in Wisconsin.
The possible penalties for possession of controlled substances are based on the illegal drug and the amount.  The penalty range at sentencing upon conviction according to illegal substance is as follows:
  • Any schedule I or II controlled substance, generally (includes heroin): Class I felony.
  • Any controlled substance, generally, other than a schedule I or II narcotic or a substance for which a specific penalty is provided: Unclassified Misdemeanor - 30 days jail and a fine of $500.
  • Cocaine, cocaine base, hallucinogens or stimulant drugs (including LSD, amphetamine, psilocin, psilcybin):  
          First conviction:  Maximum of 1 year in jail and a fine of $5000.
          Second or subsequent controlled substances conviction:  Class I felony.​
  • Tetrahydrocannabinols (THC/Marijuana):  
          First conviction:  Maximum of 6 months in jail and a fine of $1000.
          Second or subsequent controlled substances conviction:  Class I felony.
  • GHB or Ketamine:  Class H felony.
  • Methamphetamine:  Class I felony.


​Possession of Drug Paraphernalia carries a potential sentence of 30 days jail and a fine of $500.

Possession of Methamphetamine Paraphernalia is a Class H felony.

Prescription Drug Fraud Crimes are generally Class I felony offenses.
Wisconsin Controlled Substance Penalty Enhancers
LSD, Mushrooms, GHB, Ecstasy, Methamphetamine, or Fraudulent Prescriptions
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.
Our Waukesha and Milwaukee drug defense lawyers also represent clients charged with  narcotics trafficking offenses in WI:  delivery/manufacture controlled substances & possession with intent.
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