Drug trafficking is a serious charge in Wisconsin that comes with severe penalties for those convicted. If prosecutors charge you with drug trafficking, it’s essential that you take the charges seriously and work with a skilled criminal defense lawyer who can provide you with a robust defense. Without the right legal representation, you could spend decades in prison and have to pay tens of thousands of dollars in fines.
Charges Based on Drug Type and Quantity
Under Wisconsin law, the penalties you could face depend on the felony classification of the offense prosecutors charge you with. These felony classifications depend on the type and quantity of the drug you are alleged to have trafficked. The felony charges for some of the most common types of drugs are as follows.
Cocaine
- One gram or less is a Class G felony.
- Up to five grams is a class F felony.
- Up to 15 grams is a Class E felony.
- Up to 40 grams is a Class D felony.
- More than 40 grams is a Class C felony.
Heroin
- Three grams or less is a Class F felony.
- Up to 10 grams is a Class E felony.
- Up to 50 grams is a Class D felony.
- More than 50 grams is a Class C felony.
Fentanyl
- 10 grams or less is a Class E felony.
- Up to 50 grams is a Class D felony.
- More than 50 grams is a Class C felony.
Methamphetamine
- Three grams or less is a Class F felony.
- Up to 10 grams is a Class E felony.
- Up to 50 grams is a Class D felony.
- More than 50 grams is a Class C felony.
Synthetic Cannabinoids
- 200 grams or less is a class I felony.
- Up to 1,000 grams is a Class H felony.
- Up to 2,500 grams is a Class G felony.
- Up to 10,000 grams is a Class F felony.
- More than 10,000 grams is a Class E felony.
Penalties Based on Felony Classification
Once you’ve determined the felony class prosecutors are charging you with based on the drug type and quantity, you can determine the maximum penalties you could face. Drug trafficking charges typically fall in the Class C to Class I felony range, with Class C felonies having the most severe penalties:
- Class C Felony – You could face up to 40 years in prison and a fine of up to $100,000.
- Class D Felony – You could face up to 25 years in prison and a fine of up to $100,000.
- Class E Felony – You could face up to 15 years in prison and a fine of up to $50,000.
- Class F Felony – You could face up to 12 years and six months in prison and a fine of up to $25,000.
- Class G Felony – You could face up to 10 years in prison and a fine of up to $25,000.
- Class H Felony – You could face up to six years in prison and a fine of up to $10,000.
- Class I Felony – You could face up to three years and six months in prison and a fine of up to $10,000.
Federal Drug Trafficking Penalties
In addition to the state charges you face in Wisconsin, you may also face federal drug trafficking charges. Federal charges typically involve trafficking higher quantities of drugs and come with severe penalties. For example, federal charges for trafficking more than 500 grams of cocaine could result in between five and 40 years in federal prison and a fine of up to $5,000,000. If a death or serious injury resulted due to the trafficking, the prison sentence could increase to as much as a life sentence.
Possible Defenses Against Drug Trafficking Charges
Some of the possible defenses an attorney could help you use to fight back against the drug trafficking charges include:
- Illegal Search and Seizure – The Fourth Amendment protects civilians against unreasonable searches and seizures, and evidence gathered in this way may be inadmissible in court.
- Lack of Intent – Prosecutors must prove that you intended to traffic drugs, which may be challenging if police only caught you in possession of drugs.
- Entrapment – Depending on the circumstances, you may be able to argue that you would not have committed the crime if not for undercover officers encouraging you to do so.
- Mistaken Identity – You may be able to provide evidence, such as an alibi, that you are the victim of mistaken identity and did not commit the crime.
Contact Our Wisconsin Criminal Defense Lawyers
If you are facing drug trafficking charges in Wisconsin, contact J. Kippa Law, LLC for a free consultation with an experienced criminal defense lawyer. During your initial consultation, we’ll review your case, explain the charges and penalties you are facing, and walk you through some of the defenses available to you.
