Drug crimes in Wisconsin carry harsh penalties. However, prior convictions can significantly affect sentencing for repeat drug offenses, often leading to harsher penalties and fewer opportunities for alternatives like rehabilitation or diversion programs.
At Hart Powell, S.C., a prior conviction can increase your sentence for repeat drug offenses. These more severe penalties are why we work so hard to help you avoid a conviction. Without legal support, a second or third conviction on drug charges could send you to jail for decades and have other devastating consequences; that’s why it’s crucial to understand what subsequent offenses mean for drug crimes and how they can escalate your case.
Drug Offense Classifications in Wisconsin
The classifications for drug offenses in Wisconsin vary widely depending on the drug and other facts specific to your situation. Here’s a broad breakdown of drug offenses under the Wisconsin Uniform Controlled Substances Act:
- Manufacturing, Delivering, or Distributing Schedule I or II Drugs. This charge is usually a Class E felony. Harsher penalties apply in cases involving large amounts.
- Cocaine Offenses (Manufacture or Delivery) – Charges vary by weight. Possessing one gram or less is a Class G felony, while possessing over 40 grams is a Class C felony.
- Heroin Offenses (Manufacture or Delivery) – Penalties range from a Class F felony for possessing 3 grams or less to a Class C felony for over 50 grams.
- Fentanyl Offenses (Manufacture or Delivery) – Possessing 10 grams or less of these drugs is a Class E felony. Possessing more than 50 grams is a Class C felony.
- Methamphetamine, PCP, and Similar Drugs – It’s a Class F felony to possess less than 3 grams of these drugs. Meanwhile, possessing more than 50 grams is a Class C felony.
- Synthetic Cannabinoids (K2/Spice) – Again, the charges for possessing synthetic cannabinoids vary significantly according to the drug weight. Possessing under 200 grams is a Class I felony, while possessing more than 10,000 grams is a Class E felony.
- Simple Possession – Possessing most narcotic Schedule I or II drugs is a Class I felony. Other drugs are usually misdemeanors on first offense, but can rise to felonies for repeat offenders.
- Possession of Cocaine, THC, or Hallucinogens – First-time possession of these drugs is usually a misdemeanor. A second or subsequent offense is typically a Class I felony.
What Counts as a Repeat Drug Offense?
Wisconsin law takes a broad, harsh view of repeat drug crimes. Under state law, a felony drug crime is a repeat offense if “the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or any statute of the United States or of any state relating to controlled substances or controlled substance analogs.” In plain English, that means any felony drug conviction counts toward repeat offenses, no matter how much time has passed. The severity of the prior offense also doesn’t matter, as long as it was a felony. Finally, most prior misdemeanors also count toward repeat drug offenses, no matter where the offense occurred or the specific charge.
Sentencing Enhancements for Repeat Drug Offenders
State law authorizes judges to increase the maximum prison sentence by up to 6 years for repeat Class C or D drug felonies. For Class E through Class I drug felonies, judges can increase the prison sentence by up to 4 years for repeat offenders.
Repeat offenses can also lead to additional penalties for misdemeanor drug offenses. For instance, a first offense for simple possession of marijuana is a misdemeanor. However, a second or subsequent offense is a Class I felony.
Mandatory Minimums and Maximum Penalties
Wisconsin’s drug laws rarely specify minimum penalties for these offenses, even for repeat crimes. However, the maximum penalties can be harsh, which are much more severe for felonies than misdemeanors. Based on the facts of your case, the penalties for repeat drug offenses can include:
- Simple possession – Often a misdemeanor, upgraded to a Class I felony for a second or subsequent offense. Maximum prison term of 7 years and six months
- Class I felony – Maximum of 7 years and six months for a second or subsequent offense
- Class H felony – Maximum of 10 years for a second or subsequent offense
- Class G felony – Maximum of 14 for a second or subsequent offense
- Class F felony – Maximum of 16 years and six months for a second or subsequent offense
- Class E felony – Maximum of 19 years for a second or subsequent offense
- Class D felony – Maximum of 31 years for a second or subsequent offense
- Class C felony – Maximum of 46 years for a second or subsequent offense
Defending Against Repeat Drug Charges in Wisconsin
Given Wisconsin’s harsh stance on repeat drug offenses, it’s imperative to avoid another conviction. Some defense strategies you and your lawyer might use include:
- Challenging the Legality of the Search – If police searched you or your property without a warrant or valid consent, the evidence may be inadmissible.
- Arguing You Didn’t Possess the Drugs – Prosecutors must prove you knowingly had control over the drugs. If the drugs weren’t yours, you can fight the charge.
- Exposing Chain of Custody Issues – If the state can’t show how they handled the evidence against you, it may be unreliable or inadmissible in court.
- Attacking Witness Credibility – Some drug cases rely on informants or co-defendants. You can work to discredit their testimony in court to avoid a conviction.
Contact Our Wisconsin Drug Crime Defense Lawyers
Hart Powell, S.C. has over 30 years of experience defending Wisconsin residents against criminal charges, including drug offenses. Our results include many cases where our clients avoided prison time or other penalties with our help. We’ll examine every aspect of your case to look for weak points in the prosecution’s evidence or arguments. We can also explain the legal process and key concepts in plain terms so you understand what’s happening.
Don’t risk your freedom by not hiring a defense attorney for a repeat drug offense. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call (414) 271-9595 now or complete our contact form for a consultation.