Drug Possession Versus Possession with Intent to Deliver in Wisconsin

Drug possession laws and penalties in Wisconsin are far from simple, and each case is fairly unique due to the number of factors that are taken into consideration. Still, it’s easy to end up being charged with a felony because of one or more additional circumstances. If you have been arrested because you had drugs in your possession, it’s crucial that you know what other factors could turn your drug charges into felonies instead of misdemeanors.

Possession vs. Intent to Deliver

At their most basic, these charges are straightforward. Possession means you possessed the drug only for personal use; intent to deliver means you planned to deliver the drug to someone else. However, Wisconsin law allows people who possess a drug to be charged with intent if there are additional factors at play. For example, the more you have of the drug in your possession, the greater the chance that you will be charged with intent to deliver.

Additional issues such as possessing the drug near a school or park can also increase your penalties, as can possessing the drug in a car or having a history of arrests for drug possession.

Increased Severity

Whether this is a first or repeat offense for you is also important. A first-time minor drug possession charge could result in a misdemeanor charge, fines, and jail time, but with the help of criminal attorneys Madison WI residents could get an alternative sentence or other alternative punishments that avoid incarceration and conviction.

A second offense possession charge is a felony. A good lawyer is even more important when you are charged with a felony.

If you do find yourself in either situation, contact the experienced attorneys at Eisenberg Law Offices for help. We will review your case and try to identify ways to reduce your penalties and/or avoid a conviction.