What Is Mandatory Minimum Sentencing for Firearms Charges in Wisconsin?

 Posted on July 24, 2019 in Gun Violations

In today’s world, it seems as if we are seeing a news story every other day about how a person has used a firearm to commit atrocious crimes. Because of this, more local and state laws are being passed in order to change existing gun laws and make them more strict. Wisconsin has a long history of being a pro-gun state, but in recent years, it has also strengthened its gun laws. In certain situations, there are mandatory minimums when it comes to sentencing for some gun crimes. These mandatory minimums are typically only required for a felony or repeat offender, but they can greatly affect the outcome of a firearms violation case.

Possession of a Firearm

According to Wisconsin law, anyone who has been convicted of a prior felony is not permitted to possess a firearm. If he or she is caught in possession of a firearm, he or she will be charged with a Class G felony, which carries possible penalties of up to 10 years in prison, up to $25,000 in fines, or a combination of both.

A person is subject to a three-year mandatory minimum sentence if he or she:

• Was previously convicted, adjudicated delinquent, or found not guilty (due to mental illness or defect) of committing, attempting to commit, soliciting, or conspiring to commit a violent felony.

• Committed the current possession offense within a five-year period after successfully completing his or her entire sentence for the original felony charge, including any sentence of parole, probation, or extended supervision.

Use of a Firearm

There are also mandatory minimum sentences if a person is convicted of committing a violent felony using a firearm, and he or she was previously convicted of a violent felony. To be subject to this mandatory minimum, the person must:

• Meet the criteria of a felon-in-possession at the time of the offense.

• Have used a firearm during the commission of a new violent felony.

The length of time for the mandatory minimum is derived based on the severity of the felony that was committed. The following mandatory minimum confinement periods apply:

• Class A through Class G felonies: A minimum of five years

• Class H felony: A minimum of three years

• Class I felony: A minimum of 18 months

Contact a Milwaukee County Firearms Violation Defense Attorney 

Mandatory minimum sentencing for gun charges is a highly contested issue in Wisconsin. If you previously committed a felony, and you are no longer permitted to be in possession of a firearm, yet you are caught with one, you will face mandatory minimum sentences. You should contact a Waukesha County weapons charges defense lawyer immediately to begin work on your defense. At the Bucher Law Group, LLC, we will discuss your options and figure out which course of action would be the best approach. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/941/III/29

https://docs.legis.wisconsin.gov/2015/related/lcactmemo/act109