355 Austin Circle, Suite 110, Delafield, WI 53018
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Bucher Law Group, LLC

Racine County criminal defense attorney aggravated charges

The time spent in the criminal justice system begins when a person is arrested. After an arrest, an individual will be charged with a crime if the prosecution finds that there is enough evidence to do so. Next, the alleged offender and his or her attorney may be able to reach a plea bargain with the prosecution, or the case may proceed to trial. Once everything is said and done, a judge will deliver a sentence for the crime if the defendant is convicted or pleads guilty. In Wisconsin, each crime has a different classification, which typically depends on the seriousness and nature of the offense. In some cases, the prosecution can push to have a sentence increased if there are aggravating factors present. That is why it is important to understand what circumstances can lead to harsher sentencing.

Examples of Aggravating Factors

Typically, there are a variety of factors that can increase the severity of the sentence for a crime. These are usually referred to as aggravating factors, and they may include anything from the location where the crime allegedly took place to the damage allegedly caused by the crime. In Wisconsin, there are various actions or behaviors that could affect a person’s sentence. These may include:

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Ozaukee County criminal defense attorney

Sometimes, the only thing people know about the criminal justice system is what they have seen in movies and on television. In many of those fictional cases, the offender ends up going to trial, and the defendant’s attorney fights to get him or her free. What most people do not know is that the majority of real-life criminal cases actually do not go to trial. Most of the time, the defense and the prosecution are able to work out some sort of deal for the defendant to plead guilty, who then receives a lesser punishment in exchange for the guilty plea. Similar to a settlement in a civil case, this is called a plea bargain, and it is regularly used in the criminal justice system. 

What Is a Plea Bargain?

A plea bargain is an agreement that is made between the defendant’s lawyer and the prosecutor to settle a criminal case, rather than taking that case to trial. Most of the time, the plea agreement involves the defendant pleading guilty in order to receive a less severe sentence. There are three main types of plea bargains:

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Walworth County criminal defense attorney

If you made a mistake and are in trouble with the law, you may be feeling overwhelmed, scared, and worried. Depending on the type of crime you have been accused of committing, you may be facing expensive fines and even years behind bars in some cases. Having an attorney by your side throughout the criminal proceedings is important and crucial to a successful outcome. The importance of obtaining legal representation is even written in our constitution. We have a constitutional right to be appointed an attorney if we cannot afford a private lawyer. So how do criminal defense attorneys actually help defendants?

Benefits of Legal Counsel

When you are accused of committing a crime, representation by an attorney is extremely important. There are certain things that a lawyer knows how to do that could protect you if you have been accused of any offense. Lawyers also have extensive knowledge of the criminal justice system, which can help secure a favorable verdict. Here are a few ways that criminal defense attorneys help protect their clients’ rights:

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Jefferson County weapons charges defense attorney

In 1999, the country was in shock when the nation’s first major school shooting took place at Columbine High School in Littleton, Colorado. Two teenage boys shot and killed 13 people and injured more than 20 others before they committed suicide. Since then, more events involving gun violence have taken place, many in schools. In the past couple of years, there have been dozens of incidents in which high school students have committed acts of violence using a weapon at school. In one recent event, a Waukesha, Wisconsin teen threatened fellow students with a pellet gun, resulting in an altercation with a police officer. 

Teen Shot Three Times By Police

Early in December of 2019, a Waukesha South High School student brought a pellet gun into school to scare the other students because he “was tired of being picked on,” according to authorities. The boy became upset when another student asked him about his plans for his 18th birthday. According to the charges filed, the teen pulled a pellet gun that looked like a handgun from his backpack and pointed it directly toward the student’s head.

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Milwaukee County criminal defense attorney

Our founding fathers established certain requirements when it came to creating a new country and a new government. Many of those provisions dealt with the individual and collective freedoms of citizens of the United States. These rights were given to people through the U.S. Constitution and its amendments. Some of the most important rights to those accused of criminal offenses in this country are referred to as “Miranda rights” after the conclusion of the 1966 Supreme Court case, Arizona v. Miranda. This landmark case established the requirement that suspects must be informed of their rights, a protocol used by all police forces around the country.

What Are Miranda Rights?

Your Miranda rights are those rights that are guaranteed to you in the Fifth and Sixth Amendments to the U.S. Constitution. These include the right to remain silent, the right to an attorney, and the right against self-incrimination. The case Arizona v. Miranda established that all police officers are required to inform you of these rights. All police departments have a different variation of the text used, but it typically sounds something like this:

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