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If you've been charged with possession of cocaine in Ozaukee or Washington County, and it is your first drug offense, you will be facing a class U misdemeanor carrying a maximum sentence of 12 months in jail, up to a $5,000 fine or both. If you have been previously convicted of a drug offense, you will be facing a class I felony with a 3.5-year maximum prison sentence, up to a $10,000 fine or both.
Beyond the prison or jail sentence and fines you are facing for a cocaine possession conviction, the judge can suspend your driver's license for up to five years and require you to pay a Drug Abuse Program Improvement surcharge of up to $5,000. If your offense took place at or near a school, park or other protected building your penalties can be increased.
Felony exposure for the possession of cocaine charge does not require that your previous drug conviction be for the same drug. There is a charge modifier called second and subsequent offense that makes possession of cocaine a felony. Second and subsequent is not based on how many times you have been convicted of possessing cocaine, it is based on if you have a prior conviction with related drugs. A previous conviction for THC would qualify for the second and subsequent charge modifier.
Cocaine Possession with Drug Paraphernalia or Cocaine Possession with a Firearm
| Weight | Felony Level | Penalty |
|---|---|---|
| 1-5 Grams of Cocaine (8-Ball + Teener) | Class F Felony | max. $25,000 fine and/or a 12 year, 6 month prison term |
| 5-15 Grams of Cocaine (Half Ounce) | Class E Felony | max. $50,000 fine and/or 15 years imprisonment |
| 15-40 Grams of Cocaine (Ounce & a Quarter) | Class D Felony | max. $100,000 fine and/or 25-year prison term |
| 40+ Grams of Cocaine (Ounce & a Half) | Class C Felony | max. $100,000 fine and/or 40 years in prison |
If you are facing charges for possession of cocaine, frequently you will also be facing charges for drug paraphernalia. A charge for drug paraphernalia could be for bags, razor blades, mirrors, plastic straws and seemingly a litany of other things. Being charged with possession of cocaine paraphernalia is punishable by up to 30 days in jail and fines up to $500 or both. Additional charges will follow if you were found in possession of a gun, with increased jail time and fines.
How long does a cocaine charge stay on my record?
Having a conviction for possession of cocaine in Ozaukee or Washington County is something that will stay on your record permanently. In Wisconsin, there is a public database called CCAP (Wisconsin Circuit Court Access Program) that allows the public to see if a person has a criminal charge, open case, or conviction on their record. You may be eligible to have your possession of cocaine expunged if you and the charge meet certain criteria and the court grants your request. While having your case expunged is preferential, it is neither a sure thing nor does it remove the conviction from your record. Expunction merely seals the conviction record from public view. The only way to truly have a clean record is to not be convicted in the first place.
How to beat a cocaine possession charge
Challenging a charge for possession of cocaine in Ozaukee or Washington County is best handled by a skilled and knowledgeable attorney who can challenge one of the elements of the crime. To be convicted, the State must prove each element beyond a reasonable doubt. The elements of possession of cocaine are that 1) you were in possession of a substance 2) that substance was cocaine and 3) that you knew the substance was cocaine. The courts have decided that possession does not require for the substance to be found on your person, simply that you knew of its presence and had physical control over it.
Frequently the best way to challenge a possession of cocaine charge is not about challenging the elements of the offense, but instead challenging how the police collected that evidence. There are certain legal standards, such as probable cause, that are required for the police to initiate a search. If your attorney can successfully demonstrate that the police did not meet their legal standard the evidence recovered can be suppressed.
Possession of cocaine can also be challenged based on whether you were in possession. Cocaine found in the center console of your vehicle will have the presumption that you are in possession. If you have not driven the vehicle in months and the vehicle had been loaned out to someone else we may be able to rebut that presumption. If identifying information is located in the immediate vicinity of the drugs, it will be much more difficult to challenge the element of possession. Successfully fighting against a possession of cocaine charge in Ozaukee or Washington County, requires the right combination of experience and skill to obtain a positive outcome.
