262-303-4916
Recent Blog Posts
Can Mental Illness Prevent Me From Owning a Firearm in Wisconsin?
Almost one out of every five adults in the United States are living with some form of mental illness. Depression, anxiety, obsessive-compulsive disorder (OCD), schizophrenia, and other mental illnesses can range in severity from mild to debilitating. If you have been diagnosed with a mental illness, you may wonder how this could affect your gun rights in Wisconsin. You may ask, “Are people with a mental illness prohibited from owning firearms?” or “Will I be forced to surrender my firearms if I am a patient in a mental health facility?” It is important to understand Wisconsin gun laws in order to avoid criminal charges.
Wisconsin Law Regarding Firearm Possession and Mental Health
The right to possess a firearm is granted by the Second Amendment to the U.S. Constitution. However, there are some situations in which a person can lose his or her gun rights. Possession of a firearm is a Class G felony criminal offense in Wisconsin if the person possessing the gun:
What Should I Do If I Have Been Accused of Sexual Assault in Wisconsin?
The state of Wisconsin has instituted harsh punishments for individuals convicted of sexual assault. If you have been charged with sexually assaulting someone, do not take these charges lightly. Depending on the circumstances of the alleged crime, sexual assault is punishable by up to several decades in prison. If you are accused of sexually assaulting a child, you could face a prison sentence of 40-60 years or even life imprisonment. That is why it is imperative that you seek the legal guidance of a skilled criminal defense attorney who can protect your rights and help you avoid a conviction.
Do Not Submit to a Police Interrogation Without Your Attorney Present
Most people are familiar with the phrase “you have the right to remain silent,” but do not know how profound this right actually is. The U.S. Constitution gives you the right to avoid incriminating yourself. This means that you do not have to answer police questions after you have been arrested. Police may use several different tactics during an interrogation. They may even imply that only a guilty person would choose to remain silent and decline questioning. However, the best thing you can do to avoid saying something that will be used against you during future legal proceedings is to say nothing. Calmly ask for your lawyer and refuse to submit to police interrogations until he or she is present.
What Are the Penalties for Possession of a Firearm After a Felony?
In Wisconsin, most adults are legally permitted to own a firearm without requiring a special license. However, one situation in which a person can be prohibited from possessing a firearm is after a conviction for a felony offense. The consequences of illegal possession of a gun after a felony conviction can be severe, and it is important that you know how to avoid them. However, if you or someone you know is facing such charges, an experienced criminal defense attorney can build a strong case on your behalf to reduce your charges or avoid another conviction altogether.
Consequences of Illegal Possession of a Firearm in Wisconsin
You may be prohibited from possessing a gun not only if you have been convicted of a felony in Wisconsin, but also if you have been convicted of an offense in another state that would be considered a felony in Wisconsin, if you have been found not guilty of a felony due to mental illness, or if you have been issued a judgment of juvenile delinquency for an offense that is considered a felony for an adult.
What Happens if I Am Arrested for OWI With A Minor Passenger?
According to the National Highway Traffic Safety Administration (NHTSA), passengers account for nearly 30 percent of fatalities in accidents involving drunk driving. While an adult may knowingly make the decision to get in a car with an intoxicated driver, children often have little choice in the matter. For this reason, OWI with a passenger under the age of 16 is a very serious offense in Wisconsin, and you should be aware of the potential consequences if you or someone you know has been arrested for this crime.
Penalties for OWI With a Child in Wisconsin
In general, the possible penalties for an OWI conviction in Wisconsin vary depending on the number of prior convictions on the offender’s record and the harm the offense has caused to other people. For example, a first offense typically results in only a fine of $150 to $300 and a revoked driver’s license for 6-9 months, whereas a fourth or subsequent offense, or one resulting in great bodily harm or death, can result in serious felony charges, with penalties that can amount to up to $100,000 in fines, up to 40 years in prison, and a revoked license for 5 years beyond the confinement sentence in the most serious cases.
Can I Pursue Compensation for Injuries from Domestic Violence?
Domestic violence is a serious issue in Wisconsin, with nearly 30,000 incidents reported to law enforcement each year. Many of these incidents result in criminal convictions for charges ranging from misdemeanor battery to Class A felony murder, but these convictions may offer little comfort to abuse survivors who are left to cope with injuries and their lasting effects. If you have been the victim of domestic abuse, you may need an attorney who can help you pursue compensation through a victimology claim in civil court.
How to Pursue a Civil Lawsuit Against an Abuser in Wisconsin
A victimology lawsuit is similar in some ways to a personal injury lawsuit you might file after a car accident. You will need to prepare evidence to demonstrate to the court that your injuries were caused by the actions of another person and that you have incurred significant damages and expenses as a result. In order to present a strong case for full compensation, you should also keep a record of all damages related to your injuries, including medical expenses, lost wages, emotional distress, in addition to pain and suffering.
Reducing Your OWI Sentence With the Wisconsin Safe Streets Option
Drunk driving is taken seriously in the United States, with harsh penalties for a conviction. A conviction for operating while intoxicated (OWI) can result in serious consequences with long-term implications, especially if you already have a prior conviction. In Wisconsin, second-time offenders can face up to six months in jail, over $1,000 in fines, and a revoked driver’s license for up to 18 months, and the penalties only grow for additional offenses. However, even if you are convicted for a repeat offense, you may be able to reduce your sentence through Wisconsin’s Safe Streets option.
What Is Wisconsin’s Safe Streets Option?
The Safe Streets option is available in several Wisconsin counties, including Waukesha, Milwaukee, Jefferson, Walworth, Dodge, and Racine. Its purpose is to help non-violent offenders with alcohol and drug issues achieve sobriety by offering reduced jail sentences for those who successfully complete an alcohol or drug treatment program as part of their probation. The Safe Streets option can only be used once in a person’s lifetime, but it can make a significant difference if you are facing conviction for one of the following offenses:
When Is it Legal to Openly Carry a Gun in Wisconsin?
The Second Amendment to The Constitution grants United States citizens the right to keep and bear arms. After recent events in Kenosha, questions about Wisconsin’s gun laws are in the national spotlight. Now, as always, it is important for Wisconsin gun owners to have a strong understanding of the state’s weapons laws, especially those regarding open carry, so you can exercise your rights legally and safely.
Understanding Wisconsin’s Open Carry Laws
Wisconsin allows most adults to purchase firearms without the need for a special license, and to openly carry loaded or unloaded guns that have been legally purchased in most public areas. This protects responsible gun owners from facing criminal charges in a wide range of scenarios and promotes their ability to exercise their Second Amendment rights. However, there are some situations in which openly carrying a gun may result in criminal charges, including:
Pursuing Compensation After a Wisconsin Distracted Driving Accident
You may not always think of distracted driving as being dangerous in the same way as drunk driving, but it can often be just as deadly. The National Highway Traffic Safety Administration (NHTSA) reports that over 400,000 people are injured and almost 3,000 are killed each year in accidents involving distracted drivers. If you are a Wisconsin motorist who has been involved in a distracted driving accident, you need to know your options for pursuing compensation from the liable party through a personal injury claim.
Causes of Distracted Driving in Wisconsin
Cell phone use, especially texting, is perhaps the most prominent example of a distraction that leads to unsafe driving, but many other behaviors can also cause drivers to remove their eyes and attention from the road for several seconds or more, during which time an accident may occur. Some examples of these negligent actions include:
What Are the Consequences for a First-Time OWI Offense in Wisconsin?
Drunk driving is a threat to everyone on Wisconsin’s roads, resulting in over 5,000 car accidents each year and over 30 percent of the state’s annual car accident fatalities. For this reason, Wisconsin treats operating while intoxicated (OWI) as a serious criminal offense, with possible penalties including 10 years or more in prison and thousands of dollars in fines. However, first-time offenders in Wisconsin usually do not face criminal charges, and are therefore unlikely to see the full extent of these penalties. With the help of a skilled criminal defense attorney, you can work to ensure a fair outcome for your case, allowing you to reform your behavior without an excessive negative impact on your life.
How Does Wisconsin Define Operating While Intoxicated?
A person over the age of 21 can be arrested for OWI if he or she is found to have a blood alcohol concentration (BAC) of at least 0.08 percent, as determined by a blood or breath test at the time of the traffic stop. However, even if your BAC is below 0.08, an officer may arrest you if he or she has reason to believe that alcohol or any other drug is impairing your ability to drive safely.
Precautions to Take When Exercising Open Carry Rights in Wisconsin
The topic of gun control in the United States is often debated between those people who want stricter legislation and those citizens who want to protect their constitutional rights. In Wisconsin, legal gun owners are allowed to openly carry a loaded firearm in most public places without a special license. However, anyone exercising their Second Amendment right to bear arms should be aware that there are certain public areas in which Wisconsin does not permit the open carry of guns. It is important to be aware of the laws in order to avoid weapons violations that may lead to criminal charges.
Exceptions to Wisconsin’s Open Carry Law
In the interest of public safety, Wisconsin law specifies some public locations in which the open carry of a firearm is not permitted. These places include:
711 West Moreland Boulevard, #100A,
Waukesha, WI 53188
262-303-4916
262-303-4079
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
