While more states, including neighboring Michigan and Illinois, have decriminalized and legalized marijuana use over the past few years, the substance remains illegal in Wisconsin. However, more momentum may be gathering in Madison for legalization, as bills to legalize medicinal and recreational marijuana use were both introduced this past year but did not advance. Assembly Majority Leader Jim Steineke said that legalization is likely to happen eventually in Wisconsin. Hearings were held this spring and while there was support from members of both parties, numbers were not great enough to take action on the bills. Other lawmakers believed the bills were nothing more than an election-year strategy to get publicity with no real hope of getting them passed.

A Marquette University poll indicated that 61% of Wisconsin voters favor legalization, with even higher percentages supportive of medical marijuana, with 80% in favor. Medical marijuana is now legal in 38 states.

Marijuana Charges in Wisconsin

For now though, marijuana cultivation, possession, or sale remains illegal in Wisconsin. Currently, possession of marijuana by a first-time offender is a first-degree misdemeanor. An offender may face a maximum fine of $1,000 and a maximum jail sentence of up to six months. After your first offense, subsequent arrests for marijuana possession are charged as a felony. This charge could carry a fine of up to $10,000 and jail time of up to 3.5 years. The manufacture, delivery, or distribution of marijuana is also a felony in Wisconsin, with jail time ranging from 3.5 years to 15 years and fines between $10,000 and $50,000 depending on the amount seized.

The second amendment of the United States Constitution guarantees the right to bear arms, but that right is not always absolute. To protect public safety, states including Wisconsin have put restrictions on the type of firearms and other weapons that can be possessed, and the manner in which they can be used. While some of these restrictions may be common knowledge, others are more obscure. Violating any of firearms laws could result in misdemeanor or felony charges, depending on the severity of the case or the conduct of the violator.

Examples of Firearms Restrictions

Here are some of the restrictions that have been placed on firearms or the conduct of citizens by the Wisconsin legislature. These laws have exceptions for members of law enforcement or the military while operating in the course of their employment or their official capacity.

• Possession of a firearm while intoxicated – You cannot be armed or operate a firearm if you are under the influence of alcohol or any other controlled substance. There are also restrictions on the possession of handguns at public premises that serve alcohol.

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No one likes to be the target of loud or obnoxious behavior from another person. But where is the legal line, and what are the potential penalties for going too far? In Wisconsin, depending on the severity and frequency of the offense, you may be charged with disorderly conduct, harassment, or stalking, with generally increasing severity of penalties. If you face any of these charges, hiring an experienced criminal defense attorney is essential.

Potential Charges for Obnoxious Behavior

Disorderly Conduct - If you are accused of conduct that is considered violent, indecent, boisterous, profane, or unreasonably loud, you may be charged with disorderly conduct. This can include shouting lewd things at people on the street or acting threateningly. Wisconsin law allows disorderly conduct to be charged if the behavior happened in a public or a private place. The penalty for being found guilty of disorderly conduct, a Class B misdemeanor, is a fine of up to $1,000 and a maximum of 90 days in jail.

Harassment - You can be charged with harassment by engaging in harassing or intimidating behavior towards an individual on more than one occasion. This can include threats of violence or actual physical contact. Basic harassment carries a fine of up to $1,000. If harassment is ruled to constitute a credible threat placing the other person in fear of bodily harm or death, it becomes a Class A misdemeanor, with fines of up to $10,000 and a maximum of nine months in jail. Violating a restraining order to conduct the harassment is also a Class A misdemeanor. Repeated harassment violations can result in felony charges.

Whether you are speed boating in the expansive waters of Lake Michigan or fishing in a smaller lake or river, Wisconsin offers boating enthusiasts endless opportunities to spend time on the water. People often wait all year for the chance to spend summer days relaxing in their boats. Many people enjoy bringing alcohol onto their boat, and while responsible alcohol use can lead to great memories with family and friends, irresponsible use can lead to accidents, injuries, and charges of boating under the influence. If you have been charged with a BUI, it is essential to speak with a Wisconsin criminal defense attorney who can help you understand your legal options. 

What are the Consequences of Boating Under the Influence? 

Although boating under the influence can carry less severe consequences than driving under the influence, charges are still serious, especially for repeat offenders. First time offenders face a fine between $150 and $300. Second offenses, however, face between five days and six months in jail and fines between $300 and $1,000. Punishments steadily increase for continued offenses and, if an accident involving serious bodily injury or death occurred while boating under the influence, the person responsible may face up to a year in prison, fines up to $2,000, and any other criminal or civil penalties associated with the accident (such as property damage, personal injury, etc.). 

Can I Refuse a Breathalyzer? 

No. If you are operating a motorboat in Wisconsin, you are automatically deemed to have given consent to test at least one sample, including breath, blood, or urine samples. Even if you are not using the boat’s motor at the time of the test, if the boat has a motor, you can be given a BUI. If your test results show a blood alcohol concentration above .08 percent or the presence of any restricted substance in your body, you may be charged with a BUI. Keep in mind that marijuana is not legal to use or possess in Wisconsin, even if it was purchased legally in another state. 

The terms “battery” and “assault” are often used interchangeably when people talk about criminal charges for acts of physical violence, but these two terms are not the same and describe behavior with different legal consequences. Because they are both violent offenses with serious criminal penalties, it is important to understand the difference between battery and assault if you have been charged with one or both of these crimes. 

Battery

Battery is an act of force intended to cause bodily harm. “Bodily harm” includes, but is not limited to bruises, cuts, burns, hair loss, or illness. Charges of simple battery that do not involve great bodily harm are usually punished as misdemeanors that can carry up to nine months in jail and up to $10,000 in fines. If you used a weapon, or even just threatened to use one, you could face additional jail time of up to six months. 

Under certain circumstances, however, battery can also be punished as a felony. When battery causes substantial or great bodily harm, or is committed against an elderly person, pregnant woman, a police officer, or disabled person, the battery can be prosecuted as a felony. The consequences of the felony charge will be determined by how badly the person was hurt and whether they were a member of a protected class. The most serious felony battery charges could land you in jail for up to 15 years and fines up to $50,000.