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Possession of heroin is a class I felony and is punishable by up to 3.5 years in prison, up to a $10,000 fine, or both. The distribution of heroin can be a class F, E, D or C felony with penalties ranging from 12.5 years in prison, up to a $25,000 fine or both, to 40 years in prison and up to a $100,000 fine.
Heroin Possession & Distribution in Ozaukee & Washington Counties
Facing a charge for possession of heroin is a class I felony with a maximum prison sentence of three and a half years, a $10,000 fine, or both. If instead, you are believed to be selling or distributing heroin your charges are dependent on the amount of heroin in your possession and range from a class F to a class C felony. Neither Ozaukee county, Washington county nor anywhere else in Wisconsin can you legally be in possession of heroin. Heroin is classified as a Schedule I narcotic, meaning it is highly addictive and without a legitimate medical purpose.
If you are charged with distributing heroin, the level of felony is dependent on the quantity found in your possession.
| Amount | Felony Level | 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 |
If you are found in possession at or near a park or school and are charged with intent to distribute there are additional penalties. Additional penalties also exist if you are selling to someone under 18 years old.
Good Samaritan Law
Unlike most other drug offenses, heroin charges in Ozaukee or Washington County are subject to Wisconsin's Good Samaritan law. You cannot be charged with possession of heroin if you call emergency personnel for the purpose of saving someone’s life, such as in an overdose situation. However, Wisconsin's Good Samaritan law does not automatically apply nor is it without limits. Our Ozaukee in Washington County attorneys can help you navigate your case and determine if you should be protected under the Good Samaritan law.
Grieve Law LLC represents clients throughout Ozaukee & Washington counties including in Port Washington, Mequon, Cedarburg, West Bend, Slinger, Germantown & everywhere in between. Contact us today for a free case consultation!
How long does a heroin charge stay on my record?
A conviction for a heroin offense in Ozaukee or Washington county will stay on your record for the rest of your life. Your charge may be eligible to be expunged, however, having a conviction expunged merely seals the record from the public view it does not remove the conviction from your record. Additionally, a judge will allow your conviction to be expunged based on specific conditions.
Unlike a possession of heroin charge, any level of conviction for the distribution of heroin is ineligible to be expunged because the felony level is too high. This not only means that your conviction will remain on your record as it does in an expunged case, but also it will remain visible to the public for the rest of your life. The only way to successfully avoid the lifelong impact of a heroin conviction is to avoid conviction.
How to beat a heroin charge
Unlike other drugs, heroin charges in Ozaukee or Washington County possession are not typically in question because heroin is most often found directly on your person. When you are feasibly excluded from challenging the charge itself, the best course of action is challenging the evidence against you. Wisconsin does not take an ends justifying the means approach to evidence, meaning that if the evidence was obtained illegally, it does not matter what the evidence shows. A search of your person following a traffic stop may be challengeable depending on the actions and knowledge of the officers prior to the search. With the right Ozaukee or Washington County attorney, you may be able to fight your case based on challenging the legality of the stop, necessary reasonable suspicion for having you exit the vehicle, or probable cause to search the vehicle. If successful in challenging any of those steps in the investigation, any evidence obtained may be deemed inadmissible.
Heroin is most often, but not always, found on your person. If not found on your person, actual possession of the heroin involved may be arguable. The State must prove that you knew of the drugs found and that you have physical control over the location of the drugs. If heroin is not found physically on your person proving possession becomes far more difficult.
In a distribution case, the State must prove your intent. If the prosecutor is unable to present evidence as to your intent, they may become unable to prove their case.
Heroin is considered one of the most serious drug charges. Any time you are facing a charge for possession of a drug that the public, prosecutors and judges agree is detrimental to society, it is imperative that you have the right representation on your behalf. Our award-winning Ozaukee and Washington County attorneys will put you in the best position possible, reach out to us today.
