Morphine Classification And Overview Of Penalties
Morphine is in a drug class known as an opioid (narcotic) analgesic. It is a form of medication used to relieve moderate to severe pain, but usage must be monitored to prevent physical dependence, addiction, and drug abuse. Under the Controlled Substance Act, morphine is a Schedule II narcotic. If you are in possession of morphine without a legal prescription, you could be charged with a felony for first and subsequent offenses. The maximum penalties for a first-time possession charge are fines of up to $10,000 and up to 3.5 years in jail.
Cleghorn Defense can help if you face charges of morphine possession. Call for a consultation.
How To Win A Morphine Possession Case
When you’re caught with an illegal controlled substance, you’ll need an experienced criminal defense attorney to defend your rights in court. Some common defense tactics attorney Kerri Cleghorn might use are:
- Illegal search and seizure: Protect your fourth amendment rights and make sure that police have a warrant to search your person and property. If a search and seizure were not done legally, any evidence found can be dismissed in court.
- No probable cause: Probable cause is also required in order to search an individual or their property. If you challenge the presence of probable cause, you may convince a judge that your rights have been violated.
- Medical exemption: If you have a valid prescription from your doctor allowing you to carry specific substances such as morphine, then you are medically exempt and your charges will most likely be dropped.
- Fabricated evidence: Sometimes cops are responsible for breaking the law. Some officers have been caught fabricating evidence to justify an arrest. If you think a controlled substance was planted on your property, you may be able to use it as a tactic in court.
Hire The Best Criminal Defense Lawyer In Wisconsin
Kerri Cleghorn has been in the business of defending clients from drug, alcohol, and gun-related charges for almost two decades. She has the experience and tenacity to take on your case and get your charges dropped or reduced. If you or a family member have been accused of first offense morphine possession, call Cleghorn Defense for a free consultation on your drug charge.
The most common questions about a drug possession charge are:
Are morphine possession charges permanently on your record?
Since morphine is a Schedule II controlled substance, even if you’re not convicted, it can remain on your record for life.
What are the penalties for first-time morphine possession?
With morphine possession being a felony conviction, penalties can affect your voting, travel, gun, employment, housing, and parenting rights in the future.
What makes morphine a felony charge, even for first-time offenses?
Since morphine is a narcotic, that makes possession or intent to distribute charges class I felonies. It is the least severe classification of felony offenses in the state of Wisconsin, but it is still a serious charge that requires experience from a criminal defense lawyer.
Morphine Intent To Distribute Penalties And Charges
Intent to distribute charges are even more aggressive than possession charges, even for first offenses. Generally intent to distribute is considered a Class E felony in the state of Wisconsin. Intent can be shown in several factors such as:
- Drug quantity
- Drug street value
- Presence of manufacturing equipment
- Presence of drug paraphernalia
Penalties for Schedule II drug distribution can include up to 15 years in prison and a fine of up to $50,000. A class E felony charge will never be removed from your criminal record. Felony convictions can also affect your ability to travel, have a job, and vote. If your prison sentence is over six years, you won’t be able to apply for your record to be sealed either.
Contact Cleghorn Defense in Brookfield for a free consultation on your case.