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What Is Mandatory Minimum Sentencing for Firearms Charges in Wisconsin?
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.
What Constitutes Reckless Driving in Wisconsin?
Holding a driver’s license is a privilege that many people take for granted. When you receive a driver’s license, you agree to multiple things, perhaps the most important being that you will operate your vehicle in a safe and responsible manner. Risky driving and/or breaking Wisconsin traffic laws can lead to serious reckless driving charges. As is the case for many states, the definition of reckless driving can encompass a variety of actions and behaviors on the road.
Reckless Driving Definition
When it comes to reckless driving, the Wisconsin laws can be somewhat open to interpretation due to the many actions that could lead to this charge. At its base, reckless driving in Wisconsin constitutes any behavior that endangers the safety of any other people or property through the negligent use of a vehicle. Further, the law states that “no person may cause bodily harm to another by the negligent operation of a vehicle,” meaning that reckless driving charges may apply whether or not a driver's negligence led to actual harm.
Tips to Prevent an OWI Charge in Wisconsin
Drinking alcohol is a large part of American culture, especially for younger people. Not surprisingly, those age groups are also the ones who are at a higher risk of being involved in drunk driving accidents. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people died in alcohol-related traffic crashes in 2017. The NHTSA also states that the most effective way of stopping drunk driving accidents is through preventing them from occurring in the first place. Here are a few tips that you can use to make sure you do not find yourself being charged with Operating While Intoxicated (OWI) in Wisconsin:
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Make sure you have a designated driver. Before you even leave for the night, you should make sure you have a designated driver in place. This person should agree not to drink alcohol and promise to drive everyone home at the end of the night.
What Are the Consequences for Boating Under the Influence in Wisconsin?
With summer comes the welcome of warm weather, and people typically like to spend more time outside. For many Wisconsin residents, boating is a fun outdoor pastime. What some people may not know is that many of the same restrictions that are placed on drivers regarding drugs or alcohol are also true for boat operators. Thus, who are boating while under the influence can be charged with Operating While Intoxicated (OWI). Even though relaxing on the water with a drink in hand may seem like a perfect summer day, it can pose serious consequences for those who are not responsible about it.
Wisconsin OWI Laws
Laws are very similar when it comes to the legal operation of motor vehicles and watercraft in Wisconsin. You are not permitted to have a blood alcohol concentration (BAC) of .08 or more when you are operating a motor vehicle or a boat. For the first offense, you could be fined up to $500. A second offense carries up to $1,000 in fines, in addition to possible jail time. A third offense results in up to $2,000 in fines and 30 days to one year in jail. You will also be required to complete a boating safety course and obtain a certificate of completion.
Options After a Third or Fourth Wisconsin OWI: Alcohol Treatment Court
Wisconsin is the only state in the country that does not treat a first offense of operating a vehicle while intoxicated (OWI) as a criminal offense. Currently, it treats a first-time OWI as a traffic violation, although some lawmakers and citizens are currently trying to change that.
With multiple OWIs, you can face harsh penalties, such as incarceration, long-term driver’s license suspension, and heavy fines. One option available to third- or fourth-time OWI offenders is Wisconsin’s Alcohol Treatment Court.
What is Alcohol Treatment Court?
This program is similar to drug court programs in that it aims to break the cycle of drinking and driving and help offenders improve their chances at a sober and healthy life. The program lasts for a minimum of one year, but it often exceeds that depending on the person’s needs. The program consists of four phases that involve elements such as:
What are Common Defenses to Wisconsin DUI Charges?
Wisconsin police law enforcement and the courts do not take OWI charges lightly. In the state of Wisconsin, even a first offense of operating a vehicle while intoxicated can result in a fine of up to $300, a $435 OWI surcharge, a six- to nine-month driver’s license revocation, and a significant mark on your criminal record.
In recent years, Wisconsin lawmakers have pushed to make consequences for first-time OWI offenses more strict, although lawmakers typically punish OWI charges to the fullest extent of the law. However, there are certain elements a strong DUI defense can focus on to help mitigate the consequences.
What a DUI Prosecutor Must Prove
In criminal cases, the burden of proof lies with the prosecutor, hence the saying, “innocent until proven guilty.” The prosecutor must prove that you were operating a motor vehicle and that you were, in fact, under the influence of alcohol or drugs at the time you were operating the vehicle.
How to Reinstate Your Wisconsin Driver’s License After an OWI
Throughout the United States, the general trend for DUI arrests and convictions has been a good one — for the past couple of years, the number of DUI arrests and convictions has been decreasing. Despite this, operating a vehicle while intoxicated is still a big issue in Wisconsin. One of the ways states have tried to prevent DUIs is by placing a suspension or revocation on the offender’s driver’s licenses.
While this has been effective in lowering DUI rates, it can greatly affect someone’s life who is arrested for OWI, including their ability to earn a living and complete household duties. Getting your driving privileges back can also be a long and tedious process, and one best navigated by a driver’s license reinstatement attorney.
License Reinstatement Eligibility
First, you need to determine whether you are eligible to reinstate your driver’s license. The length of time a suspension or revocation lasts depends mostly on the specific OWI offense that you were charged with and whether the reason your license was suspended or revoked was because of a first, second or subsequent offense. First-time offenders face a six to nine-month revocation, while other convictions can result in upwards of two to three years of revocation.
Theft, Robbery, and Burglary Charges in Wisconsin
Because they are often used interchangeably in conversation, many people think theft, robbery, and burglary are all the same thing. They are actually three rather different charges with various levels of consequences. If you are charged with theft, robbery or burglary, it is important to understand the potential punishments you face for a conviction and to secure experienced legal representation as soon as possible.
Theft Charges
According to Wisconsin law, theft occurs when you intentionally take and use, transfer, conceal, or retain possession of moveable property without the owner’s consent and with the intention of permanently depriving them of that property. Like most states’ theft laws, the punishments for theft in Wisconsin largely depend on the value of the property taken. If the value is not more than $2,500, the charge is a Class A misdemeanor, which carries up to nine months in prison and $10,000 in fines. Penalties for stolen property valued at $2,500 or more can be classified as anywhere from a Class I felony to a Class F felony. This means you could face anywhere from three to 12 years in prison and fines between $10,000 and $25,000.
How Does a DUI Affect Insurance?
Getting a DUI can be detrimental in many ways. You may face driver’s license suspension, jail time, and expensive fines, but you could also face other financial burdens relating to your DUI. One complication is you will probably see an increase in your car insurance rates. With any person’s auto insurance, the rate you pay is typically dependent on the person’s driving record. If you have an OWI conviction on your record, your car insurance company will likely raise your premiums, although the percentage your rate is raised depends on the company.
What Causes Car Insurance to Go Up?
Your insurance rates are usually determined by how much of a risk your insurance company considers you to be. If the insurance company has reason to believe that you are a risky driver, then you will pay more for your insurance coverage. There are a number of factors that affect how your insurance company determines whether you are a risky driver. These include:
4 Things to Know About Carrying a Concealed Weapon in Wisconsin
While the United States Constitution guarantees every U.S. citizen the right to bear arms, it is treated more like a privilege throughout the country. This is especially true when it comes to citizens carrying concealed weapons. In some states, you do not need a permit to carry a concealed weapon. In other states, including Wisconsin, you must apply to receive a permit in order to legally carry a concealed weapon.
Gun laws can be complex, which is why it is important to do your research before you become a firearm owner. If you do not, you could risk breaking the law without knowing it.
Here are a few things you should know about carrying concealed weapons in Wisconsin:
1. CCW Permits Cover More than Just Handguns
What many people do not know is that you need a concealed carry permit for more than just a pistol. A Wisconsin CCW license is required for anyone who wishes to conceal a handgun, electric weapon (such as a taser), or a billy club. If you fail to obtain a CCW permit and you carry any of these weapons, you could face criminal charges.
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