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A first offense possession of marijuana can be charged as a non-criminal ticket or it can be charged as a misdemeanor. A second or subsequent marijuana possession offense is a class I felony punishable by up to 3.5 years in prison, a $10,000 fine or both. Often first-time possession of many other drugs is an unclassified misdemeanor punishable by up to 12 months in jail and a $5,000 fine. There are drugs, like heroin, where even a first offense is a class I felony.
There are many different ways you can face a possession charge in Racine or Kenosha. Drugs, weapons or drug paraphernalia all have multiple different criminal charges simply for being in possession of them. These charges can result in jail time, fines, or both. Drug offenses face the possibility of your driver’s license being suspended.
Drug Possession
You can be charged with a non-criminal ticket, a misdemeanor, or a felony for possession of drugs and it all depends on the type and amount found. A first offense possession of marijuana can be charged as a non-criminal ticket or it can be charged as a misdemeanor. A second or subsequent marijuana possession offense is a class I felony punishable by up to 3.5 years in prison, a $10,000 fine or both. Often first-time possession of many other drugs is an unclassified misdemeanor punishable by up to 12 months in jail and a $5,000 fine. There are drugs, like heroin, where even a first offense is a class I felony. If you are charged with a second or subsequent possession of drugs you are always facing felony charges independent of the type of drug. If you are not charged with simple possession and instead are facing possession with intent to deliver charges you are facing felony charges with possible prison time.
Illegal Possession of Firearms & Weapons
Possession of guns can be illegal for multiple reasons and have varying levels of penalties depending on the charge. If you are charged with carrying a concealed weapon you are facing a class A misdemeanor and could be sentenced up to 9 months in jail, a fine up to $10,000, or both. If you are in possession of a gun while you are intoxicated you are also facing a class A misdemeanor with the same maximum penalties of 9 months in jail, a fine up to $10,000 or both.
Being in possession of a gun with a felony conviction on your record is a class G felony. As a felony offense, you are now facing prison time, specifically up to 10 years in prison, along with a possible $10,000 fine, or both. Similarly, you can be charged with a felony if you possess a gun after an injunction was issued against you that included an order saying you could not possess firearms.
Proving Possession
In most possession cases in Racine and Kenosha the item is found on your physical person, whether it be in your hand, pocket, mouth, or any other way it can be on your person. However, while that is the most common situation physical possession of the item is not required.
You can be charged with possession if you both knew the item was present and a prosecutor can prove that you had physical control over it. A gun in a locked safe that you do not have the combination for would not qualify as possession. However, simply changing that scenario by having you know the combination or the gun being in an open drawer, where there are papers with your name on them, is enough for the prosecutor to try and prove possession. Anything found in your car is likely to be considered something that you had physical control over, however, you may be able to fight those charges if you did not know the item was there. Forgetting the item was put there does not qualify as not knowing it was there.
Additionally, if there are multiple people in the car every individual can be charged with possession. Often if drugs are found in a vehicle, especially if they are not found directly next to the driver, the police will charge everyone in the car with drug possession.
Ownership and possession are not the same. The prosecutor does not need to prove that you own the item and proving instead that someone else owns the item is not necessarily a defense to a possession charge. You can be charged with possession of a gun found in an area where your things are located even if that gun belongs to your significant other. Another person taking responsibility of the item will not necessarily make your charges go away.
Grieve Law LLC draws clients from Pleasant Prairie, Somers, Bristol, Caledonia, Wind Lake, Waterford & throughout Racine & Kenosha. Contact your Racine-Kenosha law firm today for a free initial consult.
How long does possession stay on my record?
A conviction for possession of an item you are not legally allowed to have will stay on your record permanently. You may be eligible to have your conviction expunged, however, this does not remove the conviction from your record it simply seals the public record making it more difficult to find. CCAP is Wisconsin’s Circuit Court Access Program and is responsible for displaying any conviction you have in Wisconsin; expunction hides that conviction from view on CCAP. You may face life-long consequences for possession convictions, they can affect your ability to find a job, obtain housing or get financial aid to go to school. The only way to make sure you do not have to suffer from those consequences is to do everything to stop you from being convicted in the first place.
How to beat a possession charge
Beating a possession charge depends on the circumstances of your case. If you are walking down the street with a gun in your hand and you have a prior felony conviction, defending your case can be incredibly difficult. There are circumstances where a possession charge can become much more fightable. If the item is found in a car, there may be challenges a skilled lawyer can bring to challenge if the evidence can be used against you. The police must meet their legal burdens to be able to conduct a search and given the right circumstances and lawyer, you can fight to have that evidence thrown out.
Reach out to our award-winning Racine and Kenosha lawyers to evaluate your case and work with you to come up with a plan for the best way to fight against your possession charges.
