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Recent Blog Posts
Filing a Personal Injury Claim as the Victim of an Assault or Battery
A personal injury claim allows an injured person to seek compensation for damages caused by the injury such as medical bills and lost income from missed work. When most people think of personal injury claims, they think of slip and fall claims, car accidents, and other claims that are founded upon an allegation of the defendant’s negligence. However, individuals who are intentionally injured may also have grounds for a personal injury claim. If you were the victim of assault or battery in Wisconsin, you may be able to hold the perpetrator accountable for their actions as well as recover financial compensation for damages through a personal injury claim.
Civil Cases Involving Assault And Battery
Being the victim of a violent crime is a life-changing experience. Most victims of sexual assault, battery, robbery, and other violent crimes are left with physical and mental scars that last for years. In addition to painful mental and physical injuries, being the victim of a physical attack can lead to considerable financial harm. If you were hurt in an act of violence, you may be facing financial hardship caused by medical expenses, lost wages from missed work, and other costs. A personal injury claim may enable you to recover compensation for your financial losses as well as your non-financial damages. A civil claim is a separate legal action from any criminal charges that the perpetrator or “tortfeasor” may face.
What Does it Mean if a Criminal Defendant Is Found Incompetent?
If you have been involved in the criminal justice system or even watched police television shows like Law & Order, you may have heard the phrase “incompetent to stand trial.” What exactly does it mean if a criminal defendant is “incompetent” and how does this differ from a person being found not guilty by reason of insanity? Can mental illness alone prevent someone from being charged and convicted of a criminal offense in Wisconsin?
Wisconsin Man Charged with Homicide Found Not Competent to Stand Trial
In July of last year, a retired police officer and former marine was riding his motorcycle when he was struck and killed by a pickup truck. The driver of the pickup truck, a 27-year-old Wisconsin man of Mexican descent, allegedly told responding officers that he had intentionally caused the fatal accident and targeted the motorcyclist because he was Caucasian. Because the incident was intentional and based on race, the driver of the pickup truck was charged with first-degree homicide with a hate crime enhancer.
What Are the Laws in Wisconsin Regarding the Open Carry of Firearms?
Few topics can stir up controversy in the United States the way gun ownership can. While concealed carry refers to carrying a gun that is hidden in a purse or pocket, open carry refers to carrying a gun in such a way that others can see the firearm. The Second Amendment to the United States Constitution gives citizens the right to own firearms; however, open carry of firearms is only permitted under certain circumstances in Wisconsin. If you are a gun owner or you are thinking about purchasing a firearm, you should know about Wisconsin open carry laws. Read on to learn about open carry in Wisconsin and what you can do if you have been arrested and charged with a gun-related offense.
Wisconsin Is an Open Carry State
What Are My Legal Options if I Suffered a TBI Due to Domestic Abuse?
Individuals who are physically harmed by a romantic partner, family member, or household member may be left with serious injuries – both mental and physical. Traumatic brain injuries (TBI) may be caused by blows to the head, hitting one’s head on the ground, receiving a penetrating injury to the skull, and through other forms of physical trauma. If you sustained a traumatic brain injury as a result of domestic violence, you should know that you have certain rights. You may be able to hold the alleged abusive person accountable for his or her actions criminally and civilly.
Criminal Charges Versus a Civil Claim
Although doing so is often much easier said than done, it is important to call the police after being physically attacked by an abusive person. Doing so enables you to create a record of the abuse and hold the alleged abuser criminally accountable for the harm he or she caused. Criminal charges, however, do not provide financial restitution for the injured victim. A traumatic brain injury can have a dramatic influence on a sufferer’s life. Your TBI may have caused you to suffer from painful and debilitating symptoms such as intense headaches, nausea, dizziness, memory problems, speech difficulties, cognitive issues, depression, sleep disturbances, and more. The injury may have necessitated expensive medical care. Symptoms may even prevent you from working and earning an income. This can create a heavy financial burden. A civil claim may allow you to recover financial compensation for the losses you experienced because of the traumatic brain injury.
Challenging Breathalyzer Tests in Wisconsin OWI Cases
When you are stopped for driving under the influence of alcohol or drugs in Wisconsin, you will generally be given a breathalyzer test, and its results will then be used as evidence to determine whether you should be charged with operating a motor vehicle while intoxicated (OWI) or not. However, what many are not aware of is that very often, breathalyzer test results are inaccurate. If you believe this has happened in your case, an experienced DUI defense attorney can help you ensure that your rights are protected.
Several Reasons for Error
There are several different possible reasons that a breathalyzer test could be inaccurate. Some include:
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Improper calibration: If a machine is not recalibrated every so often, its accuracy will begin to falter. Wisconsin law sets out benchmarks that must be performed before a breathalyzer’s results can be deemed accurate, and your arresting department might not have performed this maintenance.
Will I Have to Install an Ignition Interlock Device After OWI?
If you have been arrested and charged with operating while intoxicated in Wisconsin, you probably have several questions. You may be unsure of whether you will lose your driving privileges, be required to install a breath ignition interlock device (IID) on your vehicle, or face jail time for drunk driving. The answers to these questions depend on the circumstances of the offense, whether or not you avoid conviction, your past criminal history, and other factors.
What Is an IID?
An ignition interlock device is a device used to measure the amount of alcohol in someone’s breath. This information is then used to determine the person’s blood alcohol content (BAC). Once an IID is installed in a vehicle, the ignition will only engage after the driver submits a passing breath sample into the device. If the driver’s breath does not contain alcohol, the car will start normally. If the driver’s breath does contain alcohol, the vehicle will not start. There are many myths surrounding how to “cheat” an IID. However, IIDs are carefully calibrated, sophisticated devices that cannot be tricked. Using breath mints, eating certain foods, and other strategies for cheating an IID do not work.
Can I File a Civil Claim for Injuries from an Assault in Wisconsin?
Being the victim of a crime such as assault, sexual assault, battery, or robbery is a traumatizing and complicated ordeal to go through. Many victims do not even realize all of their rights after being injured in a violent crime. Most know that they can contact the police and press criminal charges, but fewer are aware of their right to file a civil claim. Personal injury cases are often associated with accidents such as slip and fall accidents or car accidents; however, a person injured by an intentional act may also bring a personal injury claim against the perpetrator.
Pursuing Legal Action After Being a Victim of an Intentional Tort
Assault and battery are criminal offenses punishable by considerable criminal penalties in Wisconsin. A criminal conviction for assault or battery may bring an offender to justice, but the conviction does little to directly help the victim. If you were hurt in an assault, the experience has likely affected your life in profound ways. You could be facing considerable medical bills and ongoing medical needs because of your injuries. You may also be unable to work while you are recovering from the physical and mental harm caused by the attack. A personal injury claim may enable you to recover compensation for these and other costs. It may also serve as a means of holding the perpetrator accountable for the harm that he or she caused you.
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.
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