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Recent Blog Posts
When Can the Use of a Firearm Lead to Criminal Charges in Wisconsin?
The state of Wisconsin allows residents to carry firearms in many situations. Concealed carry licenses allow people to carry handguns on their person or in their vehicle, and the state also allows for open carry of handguns and other types of firearms in locations where concealed carry is allowed. However, while some weapons charges may be avoided by ensuring that a person has obtained the proper licenses and is following the laws for carrying and transporting firearms, criminal charges may apply in situations where a person uses a firearm and causes harm to others.
Crimes Involving the Use of a Weapon
Wisconsin law specifies certain criminal charges that fall under the category of “endangering safety by use of dangerous weapon,” which includes multiple types of cases where a person may accidentally or intentionally fire a gun and injure someone else or put another person at risk of being injured. These charges may include:
What Illinois Drivers Need to Know About Wisconsin Traffic Violations
Since Wisconsin and Illinois are neighboring states, there are many situations where drivers who reside in Illinois will visit or travel through Wisconsin. While many drivers are able to avoid any serious incidents, some drivers may be pulled over by police officers and issued traffic violations. Because the two states have different laws, a person who lives in Illinois may not realize the consequences they may face if they receive a Wisconsin traffic ticket. Failure to follow the correct procedures could result in unexpected penalties, so before paying a traffic ticket or taking other steps to address a violation, it is a good idea for these drivers to consult with an attorney who is experienced in Wisconsin traffic laws.
Consequences of a Traffic Violation Conviction
The state of Wisconsin uses a points-based system for assessing penalties for traffic violations. Different violations will cause a certain number of demerit points to be added to a person’s driving record. If 12 points are added to a person’s record within one year, their driver’s license will be suspended.
What Are the Penalties for Retail Theft in Wisconsin?
As the holiday shopping season becomes busier and busier, many store owners become concerned about the losses they may suffer because of shoplifting. Because of this, retailers and police officers are likely to take strong action against anyone who is accused of committing retail theft. Those who may be facing these types of accusations will want to be sure to understand the nature of these crimes and the potential penalties they may face if they are convicted on criminal charges.
Wisconsin Retail Theft Laws
Retail theft may involve many different types of activities. While shoplifting is generally thought of as pocketing merchandise and taking it out of a store without paying for it, a person may also face criminal charges if they conceal items from a store’s owner or transfer items to someone else with the intent of stealing them. Retail theft charges will also apply if a person changes a price tag or alters the price of an item, such as by scanning the barcode of a different item at a self-checkout. A person may also be charged with retail theft if they remove a theft-detection sensor from merchandise or use a device that is meant to remove these sensors or shield them from scanners.
What Are the Penalties for a Felony OWI in Wisconsin?
Drunk or intoxicated driving is taken very seriously by law enforcement officials. A person who is arrested and charged with operating while intoxicated (OWI) can face serious consequences, including the requirement to pay fines and court costs, as well as the loss of their driver’s license for a significant period of time. In some cases, a person may also be sentenced to time in prison. There are certain circumstances where OWI may be charged as a felony, and a person will face even more serious penalties. An experienced attorney can help determine the best defense strategy in felony OWI cases.
Felony Drunk Driving Charges
In Wisconsin, a first-time OWI is a civil infraction rather than a criminal charge, and a second or third OWI is a misdemeanor, although a third OWI may be charged as a felony if a minor under the age of 16 was in the vehicle. Any subsequent OWI will be charged as a felony. A fourth OWI is a Class H felony, and a conviction can result in a prison sentence of 60 days to six years, as well as a fine of $600 to $10,000. A fifth or sixth OWI is a Class G felony, and a person who is convicted may be sentenced to between one and 10 years in prison and fined between $600 and $25,000. A seventh, eighth, or ninth OWI is a Class F felony that can result in a sentence between three and 12.5 years and a fine of up to $25,000. A tenth or subsequent OWI is a Class E felony, and a person may receive a sentence of four to 15 years and be fined up to $50,000.
What Are the Most Common Types of Violent Crime Charges in Wisconsin?
Of the different types of criminal charges that a person may face, violent crimes are among the most serious. Because these offenses involve serious harm to an alleged victim, an alleged offender may be required to pay a high amount of bail following an arrest, and they may be subject to restrictions regarding the places they can go and the types of activities they can engage in. If a person is convicted, they are likely to be sentenced to a lengthy prison sentence, as well as additional restrictions upon their release. By understanding the types of violent crimes that are most commonly charged in Wisconsin and working with an experienced attorney, people facing these types of charges can determine their best options for defense.
Wisconsin Violent Crimes in 2020
According to the FBI’s Uniform Crime Report, the rate of violent crimes in Wisconsin increased by 8.85 percent in 2020. According to reports submitted by law enforcement agencies in the state, the following types of offenses were charged most often:
Requirements That Apply to Registered Sex Offenders in Wisconsin
A sex crime conviction can have many different types of consequences that will affect a person’s life. In addition to criminal consequences such as a lengthy prison sentence, large fines, or periods of probation, a person must usually register as a sex offender. When a person is on the sex offender registry, they will need to meet a number of ongoing requirements, and they will face restrictions on where they can live and the places they can visit. Those who are facing sex crime charges can secure representation from a criminal defense attorney who can advise them of their options for defense and make sure they understand the potential consequences of a conviction.
Reporting Requirements for Sex Offenders
The sex offender registry will maintain information about a person who has been convicted of a sex crime, including identifying information such as their name, gender, date of birth, height, weight, hair color, and eye color, as well as details about the laws they violated, when they were discharged from prison or placed on probation or parole, and when their sentence will be completed.
What Are the Penalties for Distracted Driving in Wisconsin?
Drivers are required to follow a multitude of traffic laws, and these laws are meant to ensure that people act safely while behind the wheel and protect others from harm. There are many different types of traffic violations that may cause a police officer to pull a driver over and issue a traffic ticket. Distracted driving is an offense that is commonly committed by drivers, and those who have been charged with this type of violation will need to understand the specific laws that apply to them and the possible penalties that they may face.
Wisconsin Laws Addressing Inattentive Driving
Distracted driving can take many forms. In Wisconsin, drivers are prohibited from engaging in any activities that interfere with their ability to operate a vehicle safely. These activities may include anything that takes a driver’s attention away from the road, such as eating food, drinking beverages, engaging in conversations with passengers, turning around to attend to children, reaching for objects in the vehicle, or adjusting a car’s radio, environmental controls, or the position of a seat.
Can I Refuse a Breathalyzer Test in Wisconsin?
Drivers in Wisconsin and throughout the United States understand that it is illegal to drive while under the influence of alcohol or drugs. Doing so may result in an arrest by a police officer and charges of operating a vehicle while intoxicated (OWI). Drivers who have been pulled over and are suspected of driving while intoxicated will want to understand their rights and the steps they can take to protect themselves from consequences. Tests used to measure a driver’s blood alcohol content (BAC) are one issue that these drivers may need to address, and it is important to understand whether a person can refuse these tests or whether they should consent to testing.
BAC Tests and Implied Consent
In Wisconsin and other states, drivers are considered to have given consent to chemical testing of their BAC when they obtained a driver’s license. This means that a driver could potentially face consequences for refusing to take a BAC test. However, it is important to understand that the implied consent law applies to tests that are performed following an arrest rather than to roadside tests performed by a police officer prior to an arrest.
When Can I Face Criminal Charges for Theft, Robbery, or Burglary?
There are multiple types of property crimes in which a person may be accused of taking money or property that belongs to someone else. These cases can result in serious criminal charges. Depending on the circumstances of a case, a person may be charged with a misdemeanor or felony offense, and if they are convicted, they could be required to serve time in prison, pay fines or restitution, or follow certain requirements during a period of probation. A person will want to understand the specific offense they are accused of, and an attorney can advise them of their best options for defense.
Property Crimes in Wisconsin
Offenses in which a person is accused of taking or misappropriating someone else’s property may fall into one of the following categories:
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Theft - This offense covers any situations in which someone takes or obtains property from its rightful owner. In addition to stealing money or property, theft may involve the misappropriation of funds through embezzlement or other illicit activities, or a person may be accused of making false statements or misrepresenting facts with the intent to defraud someone. If the money or property obtained through theft is worth $2,500 or less, a person may be charged with a Class A misdemeanor. Felony charges will apply in cases involving amounts of over $2,500, and for higher amounts, a person may face more serious felonies that can result in longer prison sentences and higher fines.
Can I Face Criminal Charges for Injuring Someone in a Car Accident?
Being involved in a car accident can cause a number of difficulties in a person’s life. In addition to dealing with injuries and vehicle repairs, a person who may have been at fault for a collision may worry that they could face other consequences. This is especially true if an accident resulted in injuries to someone else, and in these cases, a person may be concerned about potential criminal charges that may apply. An experienced attorney can help people in these situations understand the specific charges they may face and their options for defense.
Cases Where Car Accidents May Lead to Criminal Charges
A person who is at fault for a car accident may be held liable for the damages suffered by other people, although they usually will not be charged with a crime unless they acted egregiously and put others at risk of harm. A person may face criminal charges for causing injuries to others in cases involving:
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