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Heroin Classification And Overview Of Penalties

Heroin is classified as a controlled narcotic made from morphine, making it a Schedule I drug and illegal to possess in the state of Wisconsin. Possession of heroin, even for first-time offenses, is a felony charge and can be severely penalized. The maximum penalty for first-time offenses is a $10,000 fine and up to 3.5 years in prison. Charges can also become more severe depending on how much heroin was in your possession on the arrest. Having a drug charge on your record can impact future employment and schooling opportunities and rights to own guns, serve on a jury, and vote.

If you are facing charges related to heroin, reach out to Cleghorn Defense. Call for a consultation.

How To Beat Heroin Possession Charges In Wisconsin

Common defenses in drug possession cases are:

  • Understanding search and seizure: Police cannot legally search you or your property without a warrant, permission, or probable cause. This would be a violation of fourth amendment rights.
  • Chain of custody: Evidence rooms and labs can become busy and the drugs you were convicted with may become lost going between detectives and evidence rooms. Ask for proof of the chain of custody to potentially get your charges dropped.
  • Proving ownership: Circumstantial evidence won’t be enough to put you in jail. Having an experienced criminal defense attorney prove the drugs don’t belong to you can get your charges dropped.
  • False lab analysis results: Have your attorney question the substance you were in possession of. Crime labs discover dozens of false positives every year.
  • Being framed: If you think you’ve been framed, give your lawyer all the specifics about your arrest to see if entrapment or planted evidence can be used as your defense.

Hire A Top Criminal Defense Lawyer In Wisconsin

Kerri Cleghorn has had experience in criminal defense since 2003 and is very familiar with Wisconsin drug possession charges. She is known for not giving up on cases when they get tough, and she will fight for you until the end. If you have been accused and convicted of heroin possession, contact Cleghorn Defense for an affordable legal team to prove your innocence.

Answering Your Heroin Questions

How do heroin charges affect your record?

The charge for heroin possession could be listed on your record for life if you are convicted.

What are more penalties for heroin possession?

In addition to fines and jail time, penalties include: Suspended driver’s license Community service Additional drug surcharges that fund drug abuse programs

Why is heroin possession a felony charge?

There is a high possibility of death and severe addiction which is one of the reasons heroin possession is a felony charge, even for first-time offenses. They also have the highest potential for abuse and have no medical use in the U.S.

Heroin Intent To Distribute Penalties And Charges

Intent to distribute penalties are even more severe than possession penalties. If you are caught trying to sell controlled substances such as heroin it can be a felony offense. The amount of jail time you will face depends on how much you had in your possession when caught. Law enforcement will also consider the following factors when charging you with intent to distribute:

  • Drug quantity
  • Drug street value
  • Presence of manufacturing equipment
  • Presence of drug paraphernalia

The least amount of jail time you could face is 12.5 years and a fine of $25,000 if found with 3 grams or less. Those who are discovered with more than 50 grams can face up to 40 years in jail and fines of up to $100,000. Prison sentences can also be increased if you were caught trying to sell drugs to an underaged individual.

Call Cleghorn Defense‘s Brookfield office today for a free consultation.