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Recent Blog Posts
When Can I Be Charged With Aggravated Battery in Wisconsin?
In the state of Wisconsin, battery is a serious offense that can result in criminal charges. Simple battery involves intentionally causing bodily harm to another person, and it is usually charged as a Class A misdemeanor. However, there are some cases where aggravated battery charges may apply, and these offenses carry even more severe penalties. Understanding when you can be charged with aggravated battery and the penalties you may face if you are convicted is crucial if you have been accused of this type of offense. With the help of an experienced Wisconsin lawyer, you can determine your options for defense against a battery conviction.
Penalties for Substantial Battery
Under Wisconsin law, substantial battery is a crime that falls between simple battery and aggravated battery. It occurs when someone causes substantial bodily harm to another person with intent or through reckless behavior. Substantial bodily harm refers to injuries that cause great pain, such as cuts that require stitches, bone fractures, or a blow to the head that causes someone to lose consciousness.
UPDATE: What are the Penalties for Using a Fake ID in Wisconsin?
Originally published: May 22, 2019 -- Updated: September 5, 2023
Update: As described below, minors may face charges if they make, possess, or use falsified ID cards. However, since the most common reason for doing so is to be able to purchase alcohol, minors may also face charges related to underage drinking. Criminal charges may also apply to anyone who sells or gives alcohol to a minor. It is important for those who may potentially face these accusations to understand the penalties that may apply if they are convicted. By working with an attorney who has experience in these types of criminal defense cases, they can respond to the charges against them and defend against a conviction.
A minor may be charged with a violation if they attempt to purchase or procure alcohol from a store, bar, restaurant, or other establishment by misrepresenting their age or by any other means. However, exceptions apply if a minor is accompanied by a parent, guardian, or spouse who is over the age of 21. These violations may result in a fine of $250-500 for a first offense, $300-500 for a second offense within 12 months, $500-750 for a third offense, or $750-1,000 for a fourth offense. Other situations in which a minor possesses or consumes alcohol may also lead to violations. The penalties for these violations include fines of $100-200 for a first offense, $200-300 for a second offense, $300-500 for a third offense, or $500-1,000 for a fourth offense. In addition to fines, a minor will be subject to a suspension of their driver’s license, and they may be ordered to perform community service.
DUI Arrest Even When Blowing Under the Legal Limit
Being arrested for DUI (Driving Under the Influence) can be a confusing and frustrating experience, especially if you blow under the legal limit in a roadside breathalyzer test. Today, we will explore the unique circumstances in which you can still be arrested for DUI, despite registering a blood alcohol concentration (BAC) below the legal limit of 0.08 percent. If this has happened to you, contact an aggressive criminal defense attorney to fight to have the charges against you dropped, allowing you to move on with your life.
Breathalyzer Accuracy and Field
While breathalyzer tests are commonly used to determine a driver’s BAC, they are not infallible. Factors such as calibration errors or improper administration can lead to inaccurate results. Law enforcement officers often rely on additional evidence, such as field sobriety tests, to assess a driver’s impairment level. If a driver exhibits signs of impairment, regardless of the breathalyzer result, they may still be subject to DUI arrest.
Using Social Media Carefully During Your Criminal Case
When you look at society today, social media has become an integral part of many of our lives, often providing a platform for self-expression and sharing personal experiences. However, when facing a criminal case, exercising caution and thoughtfulness about what you post online is crucial. Today, we will explore important considerations for using social media responsibly during your criminal case. If you are wondering what it is appropriate and what is not appropriate to post on social media during your case, discuss these matters with your criminal defense attorney, as they are likely to have advice on how to conduct yourself through your case best as not to place yourself in more legal trouble than you are already in.
Potential Risks and Consequences
Unchecked social media activity can have adverse effects on your criminal case. Prosecutors, investigators, and even jurors can access and scrutinize your online presence for evidence damaging your defense. Posts, photos, and even comments made by you or others about the case may be misinterpreted, manipulated, or presented out of context. Reckless or boastful statements related to the alleged offense could significantly undermine your defense strategy and negatively impact the outcome of your case.
Understanding Defense Strategies After an Arrest for Child Abuse in Wisconsin
Child abuse is a deeply concerning and incredibly serious issue that criminal courts prosecute aggressively. In the State of Wisconsin, like in many other states across the country, allegations of child abuse can result in grave legal consequences for those convicted of such charges. If you have been arrested for child abuse, it is important to understand that every accused individual has the right to a robust and aggressive legal defense. Today, we will review some potential defense strategies useful for anyone facing child abuse charges. As with any criminal matter, contact an experienced attorney to lead your defense as you fight to overcome these criminal charges.
Presumption of Innocence
One of the most crucial principles in criminal law, including child abuse cases in Wisconsin, is the presumption of innocence. Like in any criminal case, it is the job of the prosecution to establish the defendant’s guilt beyond a reasonable doubt. This is an important tenant of criminal law, meaning that the defense can argue your innocence by first challenging the evidence against you.
Disorderly Conduct in Wisconsin: A Closer Look at the Legal Implications
Unruly behaviors that disrupt public order and peace can have serious legal consequences. Disorderly conduct is a broad term that encompasses various disruptive behaviors, and understanding the specific legal implications in different jurisdictions is crucial. Today, we will look into the state of Wisconsin and explore the offense of disorderly conduct. If you have been charged with disorderly conduct or another crime, contact a qualified criminal defense lawyer to ensure you know what to expect in your case and what you can do to give yourself the best possible chance of a favorable case outcome.
Exploring Disorderly Conduct in Wisconsin
Under Section 947.01 of the Wisconsin Statutes, disorderly conduct is indeed recognized as a crime in the state. Disorderly conduct is defined as engaging in aggressive, rude, profane, rowdy, or otherwise disorderly conduct that tends to provoke or actually provoke a disturbance.
Charged with Involuntary Manslaughter: What You Need to Know
Being charged with involuntary manslaughter is a very serious matter that necessitates a comprehensive understanding of the legal proceedings and potential consequences. Today, we will outline key points for individuals facing charges of involuntary manslaughter, including legal implications, possible defenses, and the importance of obtaining criminal representation.
Understanding Involuntary Manslaughter Charges
Involuntary manslaughter involves unintentionally killing another person due to negligence, recklessness, or a failure to act. Although less severe than intentional homicide charges, involuntary manslaughter is still a serious offense that requires a thoughtful and strategic approach to fighting the charges.
Impact of Involuntary Manslaughter Charges
- Criminal record – Being convicted of involuntary manslaughter charges will result in a permanent criminal record, leading to devastating personal and professional consequences, such as difficulty finding a job, housing, and building strong personal relationships.
Everything You Need to Know About Vehicular Manslaughter in Wisconsin
Vehicular manslaughter, a tragic consequence of negligent or reckless driving, can have devastating effects on both individuals and communities. Today, we will provide a thorough understanding of the laws surrounding vehicular manslaughter in the state of Wisconsin, shedding light on its legal elements, potential penalties, and important considerations in such cases. If you are facing charges related to vehicular manslaughter, contact a high-powered criminal defense attorney to get started on building your defense against these serious charges.
Defining Vehicular Manslaughter
In Wisconsin, vehicular manslaughter is divided into two main categories: homicide by negligent operation of a vehicle or homicide by intoxicated use of a vehicle. The former involves causing the death of another person while operating a vehicle under the influence of alcohol or drugs. The latter pertains to causing death through negligent driving, where the driver’s conduct displays a disregard for the safety of others.
What is Most Important to Know About Statutory Rape in Wisconsin?
In Wisconsin, statutory rape is a serious sex crime, with significant ramifications for the parties involved. Suppose you have been charged with such a crime. In that case, contacting a criminal defense attorney is imperative to ensure you have a comprehensive understanding of the state’s legal framework surrounding this offense. Today, we will highlight some essential points to be aware of when defending clients facing statutory rape charges in Wisconsin.
Age of Consent
In Wisconsin, the age of consent is 18, which means that individuals below this age legally cannot consent to sexual activity. Engaging in sexual intercourse or any sexual contact with someone under this age constitutes statutory rape. Knowledge of the age of consent is fundamental when building a defense strategy.
Strict Liability Crime
Statutory rape is a strict liability crime in Wisconsin, indicating that the prosecutor does not need to prove the defendant’s intention or awareness of the minor’s age. Even if the defendant genuinely believed the minor was of legal age, it does not absolve them of liability. Your defense attorney will explore any mitigating factors that may help challenge the evidence against you.
The Crucial Role of Truth in Working with a Defense Attorney
Open and honest communication forms the foundation of any solid defense in law. This principle is especially true when it comes to sharing the truth with your criminal defense attorney. Whether innocent or guilty, faithfully revealing your case details enables your attorney to effectively construct a defense strategy that aligns with your best interests. If you are facing criminal charges, contact an experienced criminal defense lawyer. They will help you understand the charges you are facing while ensuring your rights remain intact.
The Importance of Full Disclosure
One of the cardinal rules between an attorney and a client is the duty of complete candor. This requirement arises from the attorney’s responsibility to make informed decisions that will favorably impact the case. By embracing the importance of full disclosure, you provide your attorney with all the necessary firepower to contest the prosecution’s case. Lack of truthfulness restricts your attorney’s ability to anticipate potential pitfalls, undermining strategic decision-making and risking an unfavorable outcome.
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