Milwaukee Criminal Defense

Drug Crime Attorney in Milwaukee, WI

Possession or Delivery of a Controlled Substance in Wisconsin

If you are under investigation or have been arrested for a drug crime, it is important to have an experienced attorney on your side to help you protect your rights and educate you. Being convicted of a drug crime can have a long-term impact on your life.

Call Attorney Jeff Purnell today at (414) 704-0019, to take control of your future with a free consultation for your drug crime.

How Does a Drug Crime Defense Attorney Help You?

Facing any type of drug crime is stressful and it can be difficult to learn how to handle the situation. A drug crime conviction can result anywhere from days to life imprisonment, and having an experienced Milwaukee drug crime defense attorney fighting for you can help you reduce any charges and help you go over options.

Jeff Purnell can help with drug defense cases by:

  • Protecting your rights
  • Investigation all details of your case
  • Educating you an all legal options
  • Fighting against all unfair and unreasonable penalties
  • Making sure your voice is heard and your story is told

It is important to contact a drug crime defense at early as possible when you have found out that you’re being investigated for a crime or if you have been charged.

Milwaukee Drug Crime Charges I Help With

Possession of a controlled substance

The most basic Drug Charge in Wisconsin is the charge of Possession of a Controlled Substance. The nature of the charge, Misdemeanor or Felony depends upon the type of drug and the number of convictions that a Defendant has had in the past. A simple first offense possession of marijuana is typically charged as a misdemeanor and could carry a maximum penalty of 6 months in jail (with work release) and a $1,000 dollar fine. However, many county District Attorneys now charge a second simple marijuana possession as a Felony. Depending on the amount, charges for cocaine, heroin and other drugs could be more serious.

In order to be convicted of Possession of a Controlled Substance contrary to section 961.41(1)(3g) Wis. Stats., the State would need to prove the following:

  • The Defendant possessed a substance.
  • The substance was an illegal “controlled substance”.
  • The Defendant knew or believed that the substance was an illegal substance and prohibited by law.
  • Possession may be shared with other people. And the Defendant does not need to actually “own” the substance to possess it for the purpose of this law.


Attempted possession of a controlled substance

In Wisconsin, it is a crime to even attempt to possess an illegal controlled substance. Section 941.61 provides that anyone who attempts to possess an illegal drug is subject to a criminal charge. The things the State would need to prove in order to support such a charge are quite simple:

  • That the Defendant attempted to possess a controlled substance. This means that a Defendant intended to possess an illegal drug, that s/he did things that made it very clear to the government that s/he would have possessed the substance had other things not prevented him/her from doing so.
  • The quantity of the substance does not matter.
  • The Defendant knew or believed that the substance they were attempting to possess was an illegal substance.


Delivery of a controlled substance

Section 961.41(1) of the Criminal Statutes in the State of Wisconsin makes it a crime to Deliver an Illegal Controlled Substance. This charge is relatively straightforward. The State charges that the Defendant Delivered, or Attempted to Deliver, a controlled substance, contrary to Wisconsin Law. The State would have to prove the following in order to convict on this charge:

The Defendant Delivered or Attempted to Deliver a substance that s/he knew or believed was an illegal substance. Deliver means to transfer or attempt to transfer possession of the substance from one person to another.

Delivery of a Controlled Substance is another Wisconsin Criminal Charge that is often charged as Party to A Crime pursuant to section 939.05 Wis. Stats.


Possession with the intent to deliver

Section 961.41(1m) makes it a Felony to possess an illegal drug with the intent to deliver it to another person. Many people make the mistake assuming that this statute only covers the intent to sell the drug. That is not the case. If you tell the police that you were holding a drug to give it back to its owner, that is telling the police that you intended to deliver the drug to someone else. Never talk to the police without consulting with a drug defense attorney.

The government would need to prove a few things in order to convict on a Possession with the Intent to Deliver a Controlled Substance contrary to sec. 961.41(1m):

  • Like in the simple Possession of a Controlled Substance charge, the Defendant possessed an illegal controlled substance.
  • That the substance was a Controlled Substance or an Illegal Drug.
  • The Defendant knew or believed that the Substance was an Illegal Drug.
  • The Defendant Intended to Deliver the Substance to someone else. Again, this doesn’t mean that the Defendant necessarily intended to sell the substance, though this is the typical allegation made by law enforcement.

Many factors come into play when a district attorney in the State of Wisconsin makes a charging decision on a controlled substance arrest. The amount, or weight of the substance; the manner in which a substance is packaged (one package of a quarter ounce of marijuana is likely to be charged as simple possession, while 7 separately packaged gram bags would probably be charged as Possession with Intent to Deliver; and the amount of cash money that a Defendant possesses all come into play.


Attorney Jeff Purnell has over 20 years of drug crime defense experience in Wisconsin and is known for going the extra mile for every single case for his clients.

Fight for your future with an experienced Milwaukee drug crime attorney. Call (414) 704-0019 or contact us online to claim your free consultation.

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