Posted on February 28,2022 in Criminal Defense

Healthcare workers have had a particularly difficult time these last two years or so. As if the constant threat of COVID exposure were not enough, assaults against healthcare workers have been on the rise. Wait times in the ER have been extremely long, with some patients waiting upwards of 12 hours to be seen. Many have been unable to visit their loved ones who were hospitalized with the virus. Disinformation about “alternative” treatments has led to disputes between patients, families, and care teams. On far too many occasions, this has led to violence in hospitals and doctors' offices. A new bill, which recently passed the state assembly, would make any violence against a healthcare worker a felony criminal offense.

Was Attacking a Healthcare Worker Not Already a Felony?

A preexisting law made it a felony to batter a nurse or emergency care worker, such as Emergency Room doctors and paramedics. Nurses and emergency health care staff have typically been the most common targets of violence in health care settings. Emotions can run very high in emergency settings, sometimes even escalating to violence. In an effort to keep these critical workers safe in their workplaces, even minor violence against them can be treated as a felony battery.

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 Posted on February 23,2022 in Gun Violations

The Second Amendment protects the rights of Americans to own and use firearms - however, this right is not absolute. There are limits as to who can or cannot own or carry a gun. There are restrictions related to age, criminal history, and even mental health. Even for those who lawfully own a gun and possess a valid concealed carry license, there are still restrictions about where concealed carry is or is not permitted. It is easier than you may think to inadvertently cross onto the wrong side of the law and find yourself facing weapons charges. If you have been charged with a weapons offense, it is important to find an attorney who is experienced at protecting the Second Amendment rights of concealed carry permit holders. The consequences of a weapons offense could include the loss of your license.

What Legal Restrictions Are Placed on Concealed Carry License Holders?

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 Posted on February 14,2022 in Criminal Defense

Almost any crime that ultimately causes a death falls under the umbrella of homicide. However, Wisconsin has long recognized that there are different degrees or types of unlawful killings. Some forms are considered much more serious than others and result in much harsher sentencing. Which specific homicide offense you are charged with depends on a number of factors, including the specific facts of your case, whether you were committing another crime, and whether the killing was intentional.

If you have been charged with any type of homicide, you could be looking at a very long term of imprisonment. It is critical that you trust your defense to an experienced, knowledgeable, criminal defense attorney.

Homicide Offenses in Wisconsin Explained

Wisconsin state law recognizes numerous different types and degrees of homicide offenses. They include:

• Felony murder - This applies when someone is killed during the commission of a different dangerous felony, such as an assault, kidnapping, burglary, burglary, or robbery. For example, if you commit arson and someone trapped inside the building you were burning dies, you may be charged with felony murder. Felony murder can be charged if the fatality is caused at any point during the offense, including while fleeing.

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 Posted on February 07,2022 in Criminal Defense

Reckless driving can be taken quite seriously in Wisconsin. Those who are used to driving to and from work or school every day can easily forget how dangerous their vehicles can be when not operated with care. While more minor, less risky, traffic offenses like speeding just a little or making a “rolling stop” will typically lead to just a ticket, more serious, reckless, behaviors could get you arrested. In Wisconsin, a first conviction for reckless driving without aggravating circumstances will most likely lead to fines, but a repeat conviction is a misdemeanor that carries jail time. If you are facing a reckless driving charge, an attorney may be able to help.

What Kinds of Actions Behind the Wheel are Considered Reckless Driving?

In its most basic form, Wisconsin’s reckless driving statute simply defines reckless driving as endangering a person or property by negligently operating a vehicle. For the purposes of the reckless driving law, your driving could be deemed negligent if you knew or really should have known that what you were doing was substantially dangerous. There is no specific list of driving behaviors that meet the definition, but the following actions are generally considered to meet the definition:

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 Posted on January 28,2022 in Criminal Defense

Not being able to drive can make your life very difficult. If you drive yourself to work or your children to school every day, a suspended license could create serious problems. Even grocery shopping can become a significant hassle when you must rely on someone else to drive you. If you need your driving privileges, it is important for you to know about Wisconsin’s Habitual Traffic Offender Law. The gist of it is that too many traffic offenses will cause the state to revoke your driver’s license for a five-year period. If you tend to get a lot of traffic tickets, it may be worth reviewing your driving record to determine whether you are getting close to habitual offender status and take action if needed.

When Is a Driver Considered a Habitual Traffic Offender?

There are three ways for a driver to be declared a habitual offender for the purposes of this law. You could be considered a Habitual Traffic Offender if, within a five-year period, you get:

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 Posted on January 21,2022 in Criminal Defense

Treating minors as adults in criminal court is often a controversial subject. Some feel that older teenagers who commit adult crimes should be tried as adults. Others feel that juveniles lack the maturity to comprehend the consequences of their lawbreaking and belong in a judicial program designed to address their needs. No matter where you stand on the topic, if your minor child has been arrested in Wisconsin, there is a very real risk that they could be charged - and sentenced - as an adult.

While juvenile offenders who stay in juvenile court enjoy a number of benefits even if they are convicted, those whose cases are sent to adult court risk facing much harsher penalties for the same crime. If your child is in legal trouble, you will need to take steps immediately to protect their future possibilities. Securing strong legal representation is a critical measure.

What if My 17-Year-Old Gets Arrested?

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 Posted on January 13,2022 in Criminal Defense

Some traffic tickets are quite minor affairs. Perhaps your headlight went out and you got a “fix-it” ticket, or you were simply speeding just slightly. These situations can often be resolved without the assistance of an attorney, especially if you have no or very few previous moving violations. Some traffic offenses, however, are much more serious. Certain vehicular crimes can lead to the loss of your driving privileges or even jail time. If you have been charged with one of these offenses, it is important that you take it very seriously and immediately contact a qualified traffic offenses defense lawyer. Much more than a fine or some points on your license could be at stake.

When Should I Call a Lawyer After Being Charged With a Traffic Offense?

A traffic ticket probably will not have much of an impact on your life in the long run. Things like speeding or not wearing a seatbelt are considered violations rather than true crimes. However, a misdemeanor or felony charge for something that happened in traffic can have a devastating impact on your life. You may want to consult a defense attorney if you are charged with:

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 Posted on January 10,2022 in Criminal Defense

Felonies are more serious crimes that can result in a prison sentence of more than one year. Drug crimes are the most common reason that non-violent offenders are incarcerated across the country. However, not all drug crimes are felonies. Simple possession of certain narcotics, especially as a first offense, may be charged as a misdemeanor rather than a felony. However, it is possible to be charged with and convicted of a drug felony even if you have no prior criminal record. If you are facing felony drug charges, an attorney may sometimes be able to make a strong argument for having your charges reduced to misdemeanors.

Which Drug Offenses Are Misdemeanors?

Misdemeanor drug offenses usually involve the possession of a small amount of an illegal narcotic for personal use rather than any kind of sales or manufacturing operation. Drug-related misdemeanors include:

• Paraphernalia - If you are caught with a device used to consume drugs, such as a marijuana pipe or a needle used for heroin injection, you could be charged with a misdemeanor even if you did not have any of the narcotic on you at the time.

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 Posted on December 27,2021 in Criminal Defense

Smartphones have changed almost every aspect of our lives. Taking a quick picture and sending it to a friend or romantic partner is easier than ever. However, when the picture is sexually explicit and the subject of the picture is underage, the person who took the picture may face criminal charges. So-called “sexting” may seem like harmless fun to teens, however, sexting can lead to charges for sexual exploitation of a child or child pornography.

Teenagers Can Face Criminal Charges for Nude Photographs

In Wisconsin, it is against the law to create, possess, or distribute sexually explicit pictures of anyone under 18 years old. Many people misunderstand the law about sharing nude photographs. They assume that it is only illegal if one party is an adult, and the other party is a child. However, Wisconsin’s laws prohibiting sexual exploitation of a child apply to both adults and minors. It is illegal for someone 18 years old or older to take or send nude pictures of an underage person. But it is also illegal for an underage person to take a nude selfie of himself or herself and send it to another person. Parents who allow children to take or distribute nude photographs may also face criminal charges.

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 Posted on December 20,2021 in Criminal Defense

Wisconsin law requires individuals involved in a serious car accident to stop and exchange contact information. However, some drivers flee the scene. Whether due to the shock of experiencing a traumatic car crash or in an effort to avoid criminal charges, leaving the scene of an accident is illegal. Individuals charged with committing a hit and run can face fines up to $1,000 and up to six months in jail. However, if great bodily harm resulted from the crash, the offender may face felony charges and up to 15 years’ imprisonment. The consequences of a hit and run can be life-altering, so securing strong legal representation is crucial.

Defending Against Hit and Run Charges in Waukesha County

The first step in defending yourself against hit and run charges is hiring an experienced criminal defense lawyer. Your lawyer will evaluate the circumstances of the alleged offense and get details about how and when the accident occurred. Evidence including traffic cameras, dash cameras, forensic evidence at the crash scene, and vehicle damage can help the attorney piece together what happened. Witness statements can also be useful evidence; however, eyewitness accounts are not always reliable. Your attorney will ensure that any evidence is obtained and preserved properly.

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