Delivery of a Controlled Substance
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Madison, WI
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Delivery of a Controlled Substance Attorneys in Madison, WI
Delivery of a Controlled Substance Charges in Wisconsin: Understanding the Consequences & Defense Strategies
In Wisconsin, being charged with the delivery of a controlled substance is a serious felony offense that carries the potential for lengthy imprisonment and life-altering penalties. Prosecutors and judges take a strict stance on drug distribution, emphasizing deterrence, public safety, and rehabilitation in sentencing.
At DK Anderson, S.C., we understand that every case is unique. Many individuals facing drug delivery charges are not career criminals—they may have been in the wrong place at the wrong time, pressured by outside influences, or unaware of the legal consequences. If you’re facing drug-related charges, you need a highly skilled, aggressive defense attorney who can challenge the evidence, expose procedural errors, and fight for the best possible outcome.
Wisconsin Law on Drug Delivery Charges – Wis. Stat. § 961.41(1)
Under Wisconsin Statute § 961.41(1), a person can be charged with delivery of a controlled substance if the following three elements are proven beyond a reasonable doubt:
- You delivered, or attempted to deliver, a controlled substance
- The substance was classified as a controlled substance under Wisconsin law
- You knew, or believed, that the substance was illegal
🔹 “Delivery” includes any transfer or attempted transfer of a controlled substance, regardless of whether money was exchanged. This means simply handing drugs to another person—even without selling them—can result in felony charges.
🔹 You don’t need to know the exact chemical makeup of the substance. If you believed it was an illegal drug, you can still be convicted.
Professional and Experienced Defense Attorneys who defend against Delivery Charges
What Are the Penalties for Delivery of a Controlled Substance in Wisconsin?
The severity of the penalties depends on the type and amount of drug involved. All drug delivery convictions are felonies, with potential penalties as severe as 40 years in prison.
| Controlled Substance | Amount | Maximum Penalty |
|---|---|---|
| Marijuana | ≤ 200g | Class I Felony (3.5 years prison, $10,000 fine) |
| Marijuana | > 10,000g | Class E Felony (15 years prison, $50,000 fine) |
| Cocaine | ≤ 1g | Class G Felony (10 years prison, $25,000 fine) |
| Cocaine | > 50g | Class C Felony (40 years prison, $100,000 fine) |
| Heroin | ≤ 3g | Class F Felony (12.5 years prison, $25,000 fine) |
| Heroin | > 50g | Class C Felony (40 years prison, $100,000 fine) |
| Methamphetamine | Any Amount | Class E Felony (15 years prison, $50,000 fine) |
Additional enhancements apply if the offense occurred:
✔ Within 1,000 feet of a school, park, or public housing
✔ Involving a minor or pregnant individual
✔ As part of a larger distribution operation
How DK Anderson, S.C. Fights Drug Delivery Charges
At DK Anderson, S.C., we scrutinize every aspect of your case to identify violations of your constitutional rights and build a strong defense strategy.
Our Defense Strategies May Include:
✔ Challenging Illegal Searches & Seizures – If law enforcement violated your Fourth Amendment rights, any evidence obtained may be suppressed.
✔ Examining Entrapment or Coercion – Were you pressured, misled, or tricked into a drug transaction? Law enforcement must follow strict legal guidelines in undercover stings.
✔ Disputing Intent to Deliver – In some cases, possession may be misclassified as “delivery”. We fight to reduce charges or prove the drugs were for personal use.
✔ Questioning the Reliability of Confidential Informants – If your arrest was based on an informant’s tip, we investigate their credibility, past history, and potential biases.
✔ Negotiating for Reduced Charges or Alternative Sentencing – Depending on the circumstances, we may be able to secure probation, drug treatment programs, or lesser penalties instead of prison time.
Why Choose DK Anderson, S.C. for Your Drug Defense?
✔ Aggressive Courtroom Experience – We have successfully defended clients facing felony drug charges across Southern Wisconsin.
✔ Expert Knowledge of Drug Laws – We understand how to challenge search warrants, undercover operations, and questionable evidence.
✔ Strong Negotiation Skills – When necessary, we work to reduce charges, minimize penalties, and explore sentencing alternatives.
✔ Client-Focused Approach – We understand that one mistake shouldn’t define your future, and we fight for the best possible outcome in every case.
Take Action Now – Protect Your Future
A felony drug conviction can derail your life, but you do have options. The sooner you act, the stronger your defense can be.
📞 Call (608) 204-5807 today to discuss your case.
Yes. Under Wisconsin law, delivery includes simply handing drugs to another person—even if no money is exchanged. Any transfer or attempted transfer can lead to felony charges.
Undercover operations must follow strict legal guidelines. If you were coerced, pressured, or entrapped by law enforcement, this could be a valid defense that may lead to dismissal or reduction of charges.
No, Wisconsin does not have mandatory minimums for most drug delivery offenses. This means a skilled defense attorney can negotiate for reduced penalties, such as probation instead of prison.
In some cases, yes. If we can prove that the drugs were for personal use and not intended for distribution, we may be able to negotiate a reduced charge to possession—which carries lesser penalties.
Do NOT speak to law enforcement without an attorney. Anything you say can be used against you. Contact a criminal defense attorney immediately to protect your rights and start building a defense.
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