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Penalties for making or storing illegal drugs in a Brookfield, Wisconsin, residence is a Class I felony that carries a maximum penalty of up to one year in jail, a $25,000 fine or both. The exact drug trafficking penalty could be contingent upon previous offenses and the type of drug.
Different Levels of Charges for Maintaining a Drug Trafficking Place or Keeping a Drug House: Felony versus Misdemeanor
Keeping and maintaining a drug house is commonly paired with other drug charges. The combinations of multiple drug charges carry a high risk of monetary fines and incarceration.
Consequences and Penalties for Keeping a Drug Trafficking Place
If convicted, a person could face one year in jail and/or $25,000 for a first offense of keeping a drug house. While one-year jail may not seem like the end of the world to some, this charge is commonly accompanied with a combination of other drug related charges that carry more penalties.
The level of charge and penalty can vary based upon the amount and type of substance involved. Below are some examples of the penalties based on the different factors:
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 200 grams or less / 4 plants or less | Class I Felony | 3.5 years | $10,000 |
| 200-1,000 grams / 4-20 plants | Class H Felony | 6 years | $25,000 |
| 1,000-2,500 grams / 20-50 plants | Class G Felony | 10 years | $25,000 |
| 2,500-10,000 grams / 50-200 plants | Class F Felony | 12.5 years | $25,000 |
| More than 10,000 grams / More than 200 plants | Class E Felony | 15 years | $50,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 1 gram or less | Class G Felony | 10 years | $25,000 |
| 1-5 grams | Class F Felony | 12.5 years | $25,000 |
| 5-15 grams | Class E Felony | 15 years | $50,000 |
| 15-40 grams | Class D Felony | 25 years | $100,000 |
| More than 40 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3 grams or less | Class F Felony | 12.5 years | $25,000 |
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
If you or someone you know has been charged with a drug crime, there is only so much the internet can tell you. Contact Grieve Law in Brookfield today to discuss your case with one of our knowledgeable attorneys today.
Maintaining a Drug Trafficking Place Defense Attorney in Brookfield
Brookfield and Waukesha County Criminal Defense Attorneys for Possession with Intent
Maintaining a Drug House to Sell or Use a Controlled Substances is a Criminal offense
A common misconception many people have is that they believe as long as activity is taking place inside their home, the police cannot reach them. However, if an individual is using a home or dwelling to store or make illegal substances, the police have the ability to obtain warrants to enter your home.
Defining “Maintaining a Drug Trafficking Place” in Brookfield
Regardless if you are manufacturing or storing the illicit substances, a conviction for maintaining a drug trafficking place can land you in prison, no matter if the amount of drugs are for personal use or sale.
Maintaining a drug house is a class I felony in Wisconsin. Retaining a defense firm with experience in defending drug cases is the first step in protecting yourself in these situations.
In Wisconsin, there are two misdemeanor charges for keeping a drug house and one felony level charge. If the dwelling is solely for using drugs, then a misdemeanor would apply. A misdemeanor would apply if the place is for only producing the illegal substances. Defining what those instances are:
- The accused person kept and/or maintained the building or place
- People used illegal drugs in the building or place OR the building or place was used to manufacture, store, or deliver illegal drugs
- The accused person has knowledge that the building or place was being used in that way
Fines, Penalties & Other Charges for Misdemeanors and Felonies
Many times, a prosecutor will try to overcharge a case in order to pressure the accused to plead to a lesser included charge to resolve the case. These lesser charges commonly are still revolved around drugs, such as possession or possession of paraphernalia.
Retaining an experienced criminal defense attorney can help you navigate whether a charge could be reduced or dismiss. Over the past decade, Tom Grieve has dropped or reduced numerous intent to distribute, possession, first offense drunk driving and more drug/alcohol charges. Contact one of our Brookfield attorneys are Grieve Law today!
How long does a drug trafficking charge stay on your record?
Unfortunately, convictions for maintaining a drug trafficking place remain on records forever. There are circumstances where a Court may order a convicted person eligible for expunction. If this occurs, the conviction would no longer be on the convicted person’s record. While uncommon, a person can also petition the Governor for a pardon in their case as well.
How to beat a drug trafficking charge in Brookfield
Defenses to Maintaining a Drug Trafficking Place Defense Attorney in Brookfield
The most successful and common defenses for drug crimes is challenging the search and seizure by the police. You have constitutional rights that protect you from police intrusion. Police must have a requisite level of probable cause before they are legally able to take the steps to search. Hiring an experienced Brookfield attorney may be the difference in proving that they did not have the right to search your home. If a court finds the search to be illegal, the evidence will be thrown out, thus leaving your case with a huge hole in it.
Call our experienced and award-winning firm today to set up a free consultation to find out your options if you have been caught with a drug case.
