New Law: Repeat Offender Penalties for Multiple Counts

 Posted on July 12, 2024 in Criminal Defense

Those who commit criminal offenses will usually be held accountable, even if it takes a while. The American criminal justice system revolves around the premise that punishment for a crime will deter further crime. In theory, when that lesson is learned, the person turns away from committing more criminal acts, and society benefits. Criminal defense attorneys seeking justice for their clients also factor into this equation. The end goal for all is less criminal behavior, increased safety, and a happier society.

Since the societal goal is to prevent criminal offenders from reoffending, making penalties for a first offense equal to those for a third offense is not the direction we want to take. If you are charged in Wisconsin with a criminal sexual offense, it is important that you speak to a knowledgeable attorney who can decipher the new laws and explain your options. This new law could affect how your Jefferson County attorney approaches your defense.

Does the New Law Make Penalties for a First Offense Equal to Those for a Third Offense?

What happens when a person reoffends instead of changing their ways? In general, the offender receives a harsher punishment, which continues to be more and more severe until the lesson is learned or the offender spends the rest of their life in prison. For almost all of those who commit criminal offenses, lesser penalties for first-time offenders appear to work. When considering sex offenses, 95 percent of those who offend and are punished do not reoffend.  

Why was a new law passed that essentially renders increasing penalties for second and third crimes useless? The legislature recently passed a new bill, which was signed by the governor, that punishes a first-time offender with a single conviction with repeat-offender penalties.   

It is relatively common for the prosecutor to "stack" charges. For instance, if three illegal images are found on a person’s computer, they could be charged with three counts of the offense. While there are three counts, the charges are tried as one case. If convicted, the offender has one conviction and one sentence of penalties.    

Now, that same person would not be guilty of one offense; they would be guilty of three, triggering repeat offender penalties. These penalties include registering as a sex offender for life and GPS monitoring for life. In this new version of "justice," no time elapsed between criminal offenses, and there was no time to determine whether the penalties for the first offense affected future behavior.   

Those Who Have Served Their Time Will Face New Penalties

Just as bad, the new law is retroactive, targeting those who previously had more than one charge tried as one case. These people may have served their time in prison, paid their fines, and struggled through fifteen years of sex offender registration. They will now be required to re-register as a sex offender for life, have GPS monitoring reinstated, and face new consequences of restrictions and expense for a crime they believed they paid for.   While Wisconsin citizens are unlikely to see a corresponding rise in public safety, they will almost certainly see a rise in the financial burden on the state.

Contact a Waukesha County, WI Criminal Defense Lawyer

If you face the consequences of the new Wisconsin law, reaching out to Bucher Law Group, LLC for legal guidance is the best step to protect your future. When you choose an attorney who spent two decades as the Waukesha County District Attorney and has litigated some of the most high-profile, complex cases in the state, you increase your chances of the best outcome possible. For a free consultation with a dedicated Milwaukee County, WI defense attorney, call Bucher Law Group, LLC at 262-303-4916.