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What are the elements of the crime of battery in Wisconsin?
Most people never anticipate having a brush with the law, so when they do, it can be hard to cope with. It sometimes feels as if things are going too far too fast and that an accused person might never have a chance to tell their side of the story regarding a criminal charge. Often, people facing assault charges or battery charges feel this way. This blog post will provide a quick summary of the crime of battery in Wisconsin.
If a person commits an act against another with the intent to cause bodily harm to that person or another person, the actor is guilty of a class A misdemeanor if they do cause bodily harm. If they cause substantial bodily harm, they will be guilty of a class I felony. If they cause great bodily harm, they will be guilty of a class H felony.
The above offenses all have one thing in common: The actor has the intent to cause bodily harm to another. What if the actor intends to cause great bodily harm to another instead of merely bodily harm? If the act does result in great bodily harm, the actor is guilty of a class E felony.
Woman faces charges for drug offenses after high-speed chase
Given the danger of drivers who are under the influence, Wisconsin law enforcement will take steps to try to reduce the number of drivers who get behind the wheel under the influence of alcohol or drugs by making traffic stops and, if necessary, making an arrest on a DUI charge. Drivers who are arrested on these charges need to understand the necessity of a strong criminal defense. Law enforcement officials know the signs of an impaired driver, but there are times when the circumstances of an arrest are unusual.
According to a recent report, a woman was placed under arrest on several charges after a police chase at speeds of 125 miles per hour. The chase went on for 24 miles. The incident began when a state trooper was conducting an investigation after stopping a different vehicle. The 52-year-old woman from Pennsylvania came close to hitting the trooper's vehicle when she stopped her car. She called the trooper over to her car and said that she was driving under the influence of drugs. He took her car keys without incident and went to call emergency personnel. The woman then took out a second set of keys, started the vehicle and fled.
Laws related to possession of drug paraphernalia in Wisconsin
Wisconsin residents who are arrested on charges related to drug paraphernalia should understand what they entail and the penalties that accompany a conviction. There are different levels related to this violation, including possession of drug paraphernalia, manufacture and delivery of drug paraphernalia and delivery of drug paraphernalia to a minor. They differ in terms of what the charges will be and the accompanying penalties. Anyone who has been placed under arrest for these charges should have a grasp of what they are confronted with.
With possession of these items, a person is not allowed to use or possess with the intention of using drug paraphernalia to plant, cultivate, grow or do anything else related to the ingestion or inhalation of a controlled substance. If there is a violation of this law, the conviction can result in a fine of up to $500, imprisonment for up to 30 days or both. If these charges are related to the production of methamphetamine or a substance that is an analog of methamphetamine, it will be a Class H felony. If a person is 18 years of age or older and commits the act with methamphetamine or its analog while in the presence of a child who is 14 or younger, the defendant will be charged with a Class G felony.
Man charged with drunk driving after fatal crash
Drivers in Delafield are undoubtedly aware that it is against the law to operate a vehicle under the influence of alcohol or drugs. Being stopped, arrested and charged with drunk driving can lead to various penalties. If there is an accident and the circumstances are of sufficient severity, there can be a charge of homicide. Those who are arrested for driving under the influence in any way need to make certain that they have a strong defense planned to avoid a conviction.
A man who was arrested after a crash in early January is now facing charges of homicide. This arrest was made after a head-on accident in which the man in the other vehicle died 10 days after the accident. The man who was arrested, who is 21-years-old, has been charged with two different forms of homicide by vehicle. When law enforcement officials investigated the accident, they allegedly discovered that the man smelled of alcohol. He was reportedly asked if he had been drinking and replied that he had. Since the man was injured, he was not able to take part in any field sobriety test.
Is drunk driving common after Green Bay Packer games?
The Green Bay Packers are an icon in the NFL. They've won multiple Super Bowls, and the Lombardi Trophy is even named after their groundbreaking coach. Legends like Brett Favre, Reggie White, and Bart Starr have all worn the team's jerseys, and the fan-base is so dedicated that the waiting list for season tickets is years long.
Suffice to say, football is king in Wisconsin. The Packers are well loved. Tailgating and going to home games is a tradition year in and year out, especially since QB Aaron Rodgers ensures that the team is always competitive - even if they did fall one game short of the Super Bowl this year.
Almost every other person is intoxicated after a big game!
One thing to remember about pro sporting events, though, is that they do increase the odds of drunk driving. Tens of thousands of fans pack the parking lots around the stadium. When they all leave, studies have found that 40 percent of them have consumed alcohol and 8 percent of them are legally drunk, with a BAC over 0.08.
Drunk driving penalties increased in Wisconsin at New Year
Drunk driving charges are unquestionably serious and carry serious penalties. The beginning of the New Year brought increased penalties for drunk driving in Wisconsin. Increased penalties for repeat drunk driving went into effect in Wisconsin with the New Year. Wisconsin is the only state, however, that treats a first drunk driving offense as a civil violation which the new law did not change. Under the new law, a fourth drunk driving offense will be considered a felony offense and can be punished by up to 6 years in prison.
In addition, the new law increases the maximum sentence for a fifth and sixth drunk driving offense from 3 years to 5 years; increases the maximum sentence for a seventh, eighth or ninth drunk driving offense from 5 years to 7 years and 6 months; and increases the maximum sentence for a tenth or additional drunk driving offense from 7 years and 6 months in prison to a decade behind bars.
Some advocates for harsher drunk driving laws in Wisconsin want to see further penalties associated with ignition interlock devices. Drunk driving accusations and charges can have a meaningful and negative impact on the life of the party facing them. There are a variety of potentially harsh penalties and negative consequences associated with drunk driving charges. As is always true of drunk driving charges or other criminal charges, the accused individual has the right to a criminal defense.
Three Wisconsin men receive commutation for drug charges
Facing drug charges can be a difficult time for a defendant. However, enduring the consequences of a drug crime conviction can be life-altering. On top of the penalties associated with the crime, such as prison time and fines, the accused endures personal and professional hardships while they are in prison and once they are released. Therefore, even if an individual in Wisconsin is convicted of a drug crime and is serving time, it is important to note that there are criminal defense options even after a conviction.
In the week prior to his departure from office, former President Obama issued more than 500 sentence commutations. Of those, five were issued to people convicted of drug crimes in the Western District of Wisconsin. Three of the men were charged with cocaine distribution, and for these drug distribution charges the men were originally sentenced to 20 or more years.
All three men had their sentences reduced to 11, 13 and a half and 12 years. None of these men were immediately released and all of their sentences would expire on January 17, 2019. Once released, all of the men would have to enroll in a residential drug treatment program.
Wisconsin imposes higher drunk driving penalties
The New Year has brought a new crackdown on drunk driving in Wisconsin. Beginning Jan. 1, repeat drunk driving offenders face stronger penalties which include more jail time.
Under the new law, a fourth DUI offense is classified as a felony which may be punished by up to six years' imprisonment regardless of when the offense is committed. Previously, a fourth offense was a felony only when it was committed within five years of the third offense.
Criminal sentences for the fifth and sixth offenses are also raised from three to five years. Convictions for the seventh, eighth and ninth offenses will be increased from five years to seven years and six months. A tenth or subsequent offense may be punished by imprisonment for up to a decade. This an increase from seven years and six months.
The new law closes some loopholes in the state law. Wisconsin still will continue to be the only state that does not classify the first drunk driving offense as a crime and treat it as civil violation. Offenders can lose their vehicle operator's license for a first offense but cannot be incarcerated. They can also have occupational licenses allowing travel to specified destinations at certain times.
Suppressing evidence collected during a field sobriety test
For most motorists in Wisconsin, being stopped by a police officer is both a serious and unnerving event. While traffic violations are considered minor, most drivers hate receiving a citation. The same goes for a drunk driving charge. Being accused of drunk driving is more than just a traffic offense. This criminal charge could carry with it serious penalties, as well as personal and professional consequences. Motorists facing a DUI charge will usually need to consider the criminal defense options available to them.
One defense option is to suppress the evidence used against them. When a police officer believes that a driver is under the influence, that officer will seek to gather further evidence to have probable cause to arrest the driver for drunk driving. This is often accomplished through field sobriety tests.
The Standardized Field Sobriety Test, which is endorsed by the National Highway Traffic and Safety Administration, consists of three tests. The first is the horizontal gaze nystagmus. This refers to the involuntary jerking of the eye when it looks to the side. However, this jerking is exaggerated when an individual is impaired by alcohol. The second test is the walk and turn. This tests a driver's ability to complete tasks with divided attention. The final test is the one-leg stand, which tests the suspect's sway, using arms to balance, hopping and placing a foot down while completing this test.
Who is the drug diversion program in Wisconsin available to?
Being accused of a drug crime can be very detrimental for residents in Wisconsin. Whether an individuals has a clean record or not, it is likely that even the allegations of a drug crime with tarnish a person's personal and professional reputation. Thus, it is important to consider not only defense opportunities but also alternatives to jail and prison sentences.
Who is the drug diversion program in Wisconsin available to? The Treatment Alternatives and Diversion Program or TAD is a collaborative effort to provide non-violent offenders with multidisciplinary assessments, substance abuse treatment, monitoring, drug testing, supportive and educational services and case management.
In addition to helping offenders reduce their sentences or avoid incarceration, the TAD program has impacted the state of Wisconsin in several ways. First, it has enhanced substance abuse treatment, case management and monitoring of offenders in the state. It has encouraged collaboration between the courts, law enforcement, the department of corrections, treatment providers and community service providers. Lastly, it has created the ability to identify and screen offenders earlier, allowing for increased opportunities to participate in diversion programs.
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