Wisconsin Dells and Central Wisconsin Legal Issues Blog

Possession of THC & The Laws in Wisconsin

5/29/2018

Marijuana legalization seems like it's constantly in the news these days. Nine states (at the time of this article's posting) -- Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington plus the District of Columbia -- have legalized it for recreational use; and more states seem to be headed in that direction. However, the laws of other states do not apply to your own. "But it's legal in California!" is not a legal defense for possession in the state of Wisconsin. As of now, it is still a crime to possess THC because it's considered a Schedule I Controlled Substance alongside heroin, LSD and cocaine. Generally speaking, marijuana possession convictions are less severe than other Schedule I drugs, but it still has potential for significant penalties -- especially for repeat offenders.

"Possession" Defined
To prove possession in Wisconsin, it must be proven beyond reasonable doubt that the accused:

Knows the offending substance is an illegal, controlled substance
Knowingly has the drug on their person
Is in physical control of the drug (meaning they have access to it and ensures that the accused is held responsible if it's found in a car, home, etc.)

Additionally, "joint possession" is a term that indicates multiple people have physical control of the drug. For instance, if marijuana is found in a car with multiple people in it, everyone in the car could be charged since everybody in the car has potential control over the drug.

What Are the Penalties for THC Possession In Wisconsin?
For first-time convictions, THC possession considered a misdemeanor. “The person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction." (Wisconsin Legislature).

With repeat offenses come harsher penalties and an upgrade from misdemeanor to a Class I Felony. Each subsequent conviction carries with it a maximum of $10,000 in fines and up to 3.5 years in prison.

Other things to note:

Any drug conviction carries a possible 5-year driving privilege suspension
College students found guilty of drug possession risk losing federal student loans and grants
If THC is found during a traffic stop, the accused may be subject to an OWI (Operating While Intoxicated) investigation and possible charges
Those found guilty of THC possession within 1,000 feet of a school or public park may have to complete 100 hours of community service

Penalties Intensify if Intent to Sell Is Proven
Wisconsin drug laws dictate that if the accused intended to sell or distribute THC, they are automatically charged with a felony. Punishments are dependent on the amount:

200 grams or less: Class I felony; max. $10,000 fine and/or 3 years, 6 months of imprisonment
200-1,000 grams: Class H felony; max. $10,000 fine and/or 6 years in prison
1,000-2500 grams: Class G felony; max. $25,000 fine and/or 10 years in prison
2,500-10,000 grams: Class F felony; max. $25,000 fine and/or 12 years in prison
10,000+ grams: Class E felony; mx. $50,000 fine and/or 15 years in prison

As former prosecutors, we know the strategies used by the State and work aggressively on behalf of our clients to ensure their rights are secure. With law offices in Wisconsin Dells, we serve clients throughout Central Wisconsin and can help you whether you are a resident of the state or just visiting.

The sooner our attorneys can start working on your behalf, the better chance you have of obtaining a favorable result. To arrange your free initial consultation, please contact our law offices online or by telephone at 608-254-9589.

Domestic Violence Statistics in Wisconsin

5/7/2018

Domestic violence is a very serious, but prevalent crime in the US. The US Department of Justice defines domestic abuse as, "a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." Abuse can manifest itself in a variety of forms -- physically, emotionally, psychologically, sexually or economically. The statistics on abuse in the US are, indeed, alarming. But it's important to examine these numbers to realize just how often it occurs and how we can begin to change for the better.

By the Numbers: Domestic Abuse in the United States

In the US, an estimated 20 people are physically abused by intimate partners every minute. Using some quick math, this amounts to 10 million abuse victims each year.
On average, domestic violence hotlines receive over 20,000 calls per day.
1 in 3 women and 1 in 4 men have been physically abused by an intimate partner.
Intimate partner violence accounts for 15% of all violent crime.
1 in 7 women and 1 in 18 men have been stalked. Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear.
66% of female stalking victims reported that the offender is or was an intimate partner.
9% of women have been raped by an intimate partner.

By the Numbers: Domestic Abuse in Wisconsin

In Wisconsin, over half of domestic violence homicides are committed with a gun.
An estimated 12.7% of women in Wisconsin will be stalked in their lifetimes.
In 2013, 55 people died in domestic-related homicides.
In 2012, more than 28,000 domestic violence incidents were referred to district attorneys. This does not account for unreported incidents, dating abuse incidents, or cases that were not prosecuted.
An estimated half of all domestic violence incidents are reported to police.

What are some red flags to look for?

There are several signs to watch for if you suspect you or a loved one are a victim of domestic abuse. If you experience the following, you may be a victim of abuse:

If you are afraid of your partner.
If your partner threatens to harm you or someone you love.
If your partner throws or punches things while angry.
If they constantly belittle you to make you feel worthless.
If your partner steals money from you or prevents you from working at a job.
If they make you cut ties with friends and family.
If your partner forces you to perform sexual acts

If somebody close to you exhibits the following behavior, they may be a victim of abuse:

They suddenly exhibit low self-esteem or have other personality changes.
They are constantly checking in with their partner or are overly concerned with pleasing them.
They skip out on work or social events for no reason.
They wear clothes that are out of season. (Often, victims will wear long sleeves in the summer to cover bruises.)

If you or someone you know are being abused, call the domestic abuse hotline at 1-800-799-SAFE (7233) from a friend or relative's home, safely away from the abuser. If it's an emergency, dial 911.

If you are accused of domestic abuse, it's no joke. Domestic violence is a serious subject and has extremely severe penalties. Even if you're innocent, it can ruin your reputation. If you stand accused of domestic abuse, you need experienced law professionals on your side to stand up for your rights. Southworth & Stamman have extensive experience in defending clients against accusations of domestic violence and will be on your side even if it seems that no one else is. Get in touch if you stand accused -- don't give up without a fight.

Possession of THC & The Laws in Wisconsin

Domestic Violence Statistics in Wisconsin

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