Milwaukee Schedule III Drug Trafficking Defense Attorney
Have you been arrested for or charged with drug trafficking of a Schedule III substance? If so, time is of the essence. You need to retain legal representation as soon as possible so they can protect your rights and work to safeguard your freedom.
Prosecutors are already hard at work developing a case to establish your guilt. Anyone charged with a drug trafficking offense needs an experienced criminal defense attorney to help protect their valuable rights at this sensitive time. A criminal defense attorney can work to help you avoid the severe penalties associated with a conviction for these crimes.
Hart Powell, S.C. has tried more than 300 felony cases in state and federal courts around Milwaukee. Our experienced criminal defense attorneys have decades of experience, and we can utilize our experience to defend you against criminal charges.
What Is a Schedule III Drug or Substance?
Wisconsin classifies or schedules drugs into five levels based primarily on their degree of danger. These five classifications also take into account a drug’s risk of abuse and any medicinal value. Wisconsin law considers Schedule I drugs the most dangerous and Schedule V drugs the least.
A Wisconsin prosecutor can charge a drug or controlled substance charges as a misdemeanor or felony based on three facts:
- The type of drug or controlled substance
- The amount of the drug or controlled substance found in your possession
- Your past history of drug or controlled substance offenses
Schedule III drugs are substances that the Wisconsin controlled substances board deems to have:
- The potential for abuse but lower potential than Schedule I and Schedule II drugs
- Some accepted medical use or treatment in the United States
- Relatively low/moderate risk for physical dependence
- A high risk for psychological dependence
This classification includes stimulants, depressants, narcotics, and hallucinogenic substances. Examples of Schedule III drugs include codeine, ketamine, anabolic steroids, and testosterone. These substances also include anything containing a derivative of barbituric acid commonly found in depressants.
Prosecutors typically charge possession of a Schedule III drug in Wisconsin as a Class H felony. This offense carries penalties that include fines of up to $10,000 and imprisonment of up to six years.
Drug Possession vs. Drug Trafficking
Charges and penalties for either of these crimes vary according to drug type and quantity. The number of prior offenses also affects charges and any associated penalties. Of course, the individual’s intent is a component of any drug charge. A prosecutor must consider whether the individual intended to use, manufacture, or sell the drug.
Aggravating factors enable a prosecutor to double the sentences for possession or trafficking. Examples of aggravating factors include using drugs in the presence of a minor or distributing a controlled substance to a minor.
Prosecutors and law enforcement officers tend to assume that people possessing substantial quantities of drugs intend to distribute them rather than consume them for personal use. As a result, prosecutors can charge a person with a felony drug trafficking offense if the defendant possesses large quantities of drugs or cash.
Drug trafficking occurs when a person illegally sells or transports controlled substances. Drug trafficking is a state and federal criminal offense that encompasses various activities. This criminal charge could include the possession, distribution, or manufacture of illegal drugs. Drug trafficking is charged as a felony and carries severe penalties.
Under federal law Title 21 Section 841, it is unlawful for any person to knowingly or intentionally “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”
Under Wisconsin law § 961.41, it is unlawful for any person to manufacture, distribute or deliver a controlled substance.
The Wisconsin Uniform Controlled Substances Act mandates stiff penalties of up to 15 years of prison and fines of up to $50,000 for drug crimes. Under these laws, a Wisconsin court can convict a person for first-time possession of a controlled substance and sentence them to up to one year of prison and fines of up to $5,000.
While state drug trafficking charges are similar to federal charges, the penalties for state drug trafficking of a Schedule III substance are usually less severe. A drug trafficking offense typically evolves from a state to a federal offense based on the quantity of drugs involved.
These federal and state laws use a broad definition to categorize drug trafficking. This broad definition allows prosecutors to apply the law to activities such as possession of illegal drugs with the intent to sell and manufacture of illicit drugs with the intent to sell. Based on this law, you might also be charged with a drug trafficking crime if you possess legal drugs but intend to distribute them illegally.
Federal drug trafficking charges could result in mandatory minimum sentencing. Federal law has established specific guidelines for judges to follow when issuing any sentence for drug trafficking.
How Hart Powell, S.C. Can Help
You can never afford to take risks when your personal freedom and financial future are at stake. You need a knowledgeable and experienced attorney to guide you through every step of criminal charges, from your arrest to trial, to help you overcome all the hurdles. Retaining an experienced defense attorney is crucial to establishing a strong defense in your case.
Hart Powell, S.C. has represented the residents of Wisconsin since 1983. Our attorneys know how to pursue the best possible results for our clients in their criminal cases. A criminal charge does not automatically guarantee that the state will convict you. We will fight aggressively to pursue the reduction or withdrawal of the criminal charges against you.
Contact an Experienced Milwaukee Drug Trafficking Attorney Today
If you have been charged with a Schedule III drug trafficking charge, there is help available. An experienced Hart Powell, S.C. defense attorney can discuss your charges with you and work to build a strong case in your defense. Contact Hart Powell, S.C. today at (414) 271-9595 to speak with one of our Milwaukee criminal defense lawyers, or contact us online. Don’t try to handle this on your own.