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Waukesha County criminal defense attorney for battery charges

Crimes of violence are taken rather seriously in the state of Wisconsin. Even crimes like battery, which is sometimes less serious than other violent crimes, are charged and prosecuted to the fullest extent of the law. Being convicted of battery can be a serious crime, especially when it is charged as a felony. Not all battery crimes are charged as felonies. In general, battery is charged as a Class A misdemeanor, which comes with a potential sentence of up to nine months in jail and up to $10,000 in fines. In many cases, battery crimes are charged as various felonies, which can vary in severity. 

“Bodily Harm” Versus “Great Bodily Harm”

One of the easiest ways your battery charge can be elevated from a misdemeanor to a felony is by the amount of damage that is inflicted upon the victim and the perpetrator’s intent. Wisconsin law states that a misdemeanor battery crime is characterized by a person causing “bodily harm.” However, if a person is found to have inflicted “substantial bodily harm,” the charge is elevated to a Class I felony with a potential sentence of up to 3.5 years in prison and up to $10,000 in fines. Likewise, a person can be charged with a Class H or Class E felony if they caused “great bodily harm” and they intended to cause some sort of harm. Class H felonies come with up to six years in prison and up to $10,000 in fines, while Class E felonies come with up to 15 years in prison with up to $50,000 in fines.

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Waukesha County criminal defense attorney

Many people use the terms “robbery,” “burglary” and “theft,”  during conversation as if they are one and the same. However, many people may not know that there is a legal distinction between all three of those crimes. A burglary occurs when a person enters a dwelling and takes items from that dwelling. Robbery occurs when a person steals property from another person or another person’s presence by using force or threat of force. Theft includes a wider variety of actions and could apply to several different situations. If you have been charged with the crime of theft in Wisconsin, you should speak with a criminal defense attorney about your options.

What Constitutes Theft in Wisconsin?

Under the law in Wisconsin, you can be subject to a theft charge if you:

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Oconomowoc criminal defense attorney community supervision

The attitude surrounding marijuana and its use in the United States has changed drastically in the past 50 years. In just the past four months, four different states have passed laws decriminalizing cannabis, allowing for the use and possession of marijuana without fear of penalty. Many lawmakers from a couple of other states -- including Wisconsin -- are also hopeful that they can pass similar laws in the coming months. However, for the time being, marijuana is still illegal to possess, sell or grow in Wisconsin. While the severity of possession charges has lessened in some Wisconsin cities recently, the sale of marijuana still remains highly illegal and can result in serious consequences.

Cannabis Possession and Consequences for Selling

In the state of Wisconsin, laws relating to marijuana are relatively strict. Many states across the country have at least legalized the medicinal use of marijuana, but marijuana still remains fully illegal in Wisconsin. Only cannabidiol (CBD) is legal for medicinal use with a doctor’s recommendation.

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Waukesha County Attorneys for underage OWI

We can all remember the times when we were teenagers. Finally being able to drive meant finally being able to have more independence from your parents, but it also meant taking on more responsibility than ever before. Operating a vehicle while you are under the influence (OWI) of drugs or alcohol is not only highly irresponsible, but it is also highly illegal. In Wisconsin, underage offenders who are caught driving while they are intoxicated face a variety of penalties that could potentially become serious. Being charged with a crime does not necessarily mean you will be convicted of one, but a Wisconsin criminal defense lawyer can help make sure you are not.

Wisconsin’s “Not a Drop” Law

One of the most important pieces of evidence in any OWI case is the driver’s BAC or blood-alcohol concentration. For drivers who are over the age of 21, the legal BAC limit is 0.08. In most states, the legal BAC limit for drivers under the age of 21 is set at a much lower threshold and Wisconsin is no exception. Wisconsin’s underage OWI law, also known as their “Not a Drop” law, states that the legal BAC limit for those under the age of 21 is 0.00, or no amount of alcohol. 

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Waukesha County criminal defense attorney OWI

In most states, driving or operating a vehicle while under the influence of drugs or alcohol is strictly forbidden and results in a criminal charge. Wisconsin, however, is unique in the fact that it is the only state to still classify a first-offense OWI as a driving offense, rather than a criminal offense. Instead of jail time as a punishment, a first-time OWI offender typically only faces around $735 in fines, a six- to nine-month driver’s license revocation, and a potential requirement for an ignition interlock device (IID) on their vehicles. However, charges can escalate quickly in OWI cases. Under certain circumstances, operating a vehicle while intoxicated (OWI) can result in felony charges.

Fourth or Greater OWI Offense

If the OWI offense is your fourth or greater OWI offense, it will automatically be charged as a felony offense. A fourth OWI is charged as a Class H felony, which carries a possible jail sentence of 60 days to six years, a two- to three-year driver’s license revocation, and an IID requirement for vehicles. Charges for further offenses can range from Class G felonies to Class E felonies, for 10th or greater offenses.

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