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Weekend Appointments Available
Returning Calls 7 Days A Week
Location: 17 S. Barstow St. Eau Claire, WI 54702
Get The Help You Need
Call Us Today!
Given the recent opioid crisis, Wisconsin takes fentanyl possession very seriously. If you have been charged with this crime, you need legal assistance immediately because you could be facing jail time. An experienced attorney could help you achieve the best possible legal outcome.
In 2017, Wisconsin significantly increased the penalties for fentanyl possession when it added the chemical to the roster of Schedule I controlled substances. Now, anyone who possesses fentanyl or any of its analogs could be charged with a Class I felony. These penalties apply even on a first offense.
In Wisconsin, Schedule I controlled substances do not have medical use, and they have a high potential for addiction and abuse. This is why the law tries to punish them so severely. The state treats fentanyl every bit as seriously as heroin and LSD.
The punishment for possession of fentanyl depends on the person’s intent. The penalties increase substantially if there is intent to distribute.
The first offense for possession of a Class I controlled substance is considered a Class I felony. This is punished with:
● Jail time up to 3 ½ years and/or
● A fine of up to $10,000
Note that there is no mandatory jail time. The best outcome for those convicted of fentanyl possession would be to receive a suspended sentence. If you choose to work towards a plea bargain, your attorney could negotiate for little to no jail time for the first offense.
Possession with intent to distribute is treated as a Class E felony, and the penalties are far more severe. They could include:
● Jail time up to 15 years and/or
● A fine of up to $50,000
Wisconsin has significantly increased its enforcement efforts. It now has the capability of testing fentanyl in field laboratories to see if the seized substance is fentanyl or one of its analogs.
Given the severity of the penalties, you need an attorney who knows how to effectively find defenses to the charges and fight for you. Defenses to possession charges could include:
● The substance seized was not actually fentanyl or its analog
● The evidence was illegally seized
● You did not knowingly possess the substance
● You did not have an intent to distribute
Alternatively, your lawyer may try to get your case into drug court to help you rehabilitate. This would focus less on punishment and more on improving your life. This would be more likely if there was no firearm used, and you were charged just with possession. Either way, you need to know your legal options as soon as possible, and your rights must be protected.
If you have been accused of a drug offense, call Cohen Law Offices today at (715) 514-5051 or contact us online. Our team of skilled attorneys is standing by to defend your rights.
At Cohen Law Office, we offer free initial consultations to discuss your case further and find the right solution for you. Our team provides the best representation to each client we work with and present the strongest possible defense. Give us a call today to start your resolution in your criminal defense case.
Weekend Appointments Available
Returning Calls 7 Days A Week