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ARSON: (Felony)

Elements of the charge of Arson under Wisconsin criminal law.

That you damaged a building by means of fire.
That you did so intentionally.
That the building belonged to another person.
That you damaged such building without the owners consent.
That you knew the building belonged to another person and knew that the other person did not consent to the damage of the building.

The maximum penalty for Arson is up to *** years in prison and $10,000 fine.


BAIL JUMPING:

The elements of the crime of bail jumping under Wisconsin criminal law are as follows:

Defendant was arrested or charged with a misdemeanor or felony.
Defendant was released from custody on bond under conditions established by a judge, court commissioner or bail schedule.
Defendant intentionally failed to comply with the terms of the bond.

The maximum penalty for bail jumping on an original offense that was a felony is 5 years in prison and $10,000 fine.

The maximum penalty for bail jumping on a misdemeanor offense is 9 months in jail and $10,000 fine.


BATTERY:

Under Wisconsin criminal laws, the crime of Battery, substantial battery and aggravated battery covers wide range of charges, from domestic violence and simple assault to much more serious attempts to harm another person.

Battery charges, their elements and penalties are classified as follows:

BATTERY MISDEMEANOR:

Defendant caused bodily harm to another.
Defendant intended to cause bodily harm to another.
Defendant caused bodily harm without consent.
Defendant knew the victim did not consent.

The maximum penalty for misdemeanor battery in Wisconsin is 9 months jail and a $10,000 fine.


SUBSTANTIAL BATTERY WITH INTENT TO CASE BODILY HARM (FELONY):


Defendant caused substantial bodily harm to another.
Defendant intended to cause bodily harm to another.

The maximum penalty is 3 years and 6 months prison and a $10,000 fine.


SUBSTANTIAL BATTERY WITH INTENT TO CAUSE SUBSTANTIAL BODILY HARM (FELONY):

Defendant caused bodily harm to another.
Defendant intended to cause substantial bodily harm to another.

Maximum penalty, 25 years in prison and a $100,000 fin
e.

AGGRAVATED BATTERY WITH INTENT TO CAUSE BODILY HARM (FELONY):

Defendant caused great bodily harm to another.
Defendant intended to cause bodily harm to another.

Maximum penalty 25 years prison and $100,000 fine
.

AGGRAVATED BATTERY WITH INTENT TO CAUSE GREAT BODILY HARM (FELONY):

Defendant cause great bodily harm to another.
Defendant intended to cause great bodily harm to another

Maximum penalty 15 years prison and $50,000 fine

BURGLARY:

A Wisconsin burglary charge is a felony offense. The elements of a burglary charge are:

Whoever intentionally enters a building or dwelling, enclosed railroad car, enclosed portion of a ship or vessel, locked and enclosed cargo portion of a truck or trailer, a motor home or a room within any of the below.
Without consent of the owner.
With intent to steal or commit a felony.

The maximum penalty for a Wisconsin burglary charge is 12 years in prison and a $25,000 fine.

POSSESSION OF BURGLARIOUS TOOLS:

Whoever has in their possession any device or instrumentality.
Intended, designed or adapted for use in breaking into any depositor designed for the safekeeping of valuables or into any building or room to steal there from.

The maximum penalty for possession of burglarious tools in Wisconsin is 3 years and 6 months prison and a $10,000 fine.

ENTRY INTO LOCKED COIN BOX:

Whoever intentionally enters a locked coin box of another.
Without consent.
With intent to steal there from.

Maximum penalty under Wisconsin criminal laws for entry into 9 months jail and a $10,000 fine.

CRIMINAL DAMAGE:

Elements of the charge of criminal damage to property under Wisconsin criminal law.

CRIMINAL DAMAGE TO PROPERTY – (Misdemeanor)

Defendant caused damage to physical property
Defendant intentionally caused the damage
The property belonged to another person
Defendant caused the damage without the consent of the owner or agent
Defendant knew the property belonged to another person and that the other person did not consent to the damage.

Maximum penalty – 9 months jail and $10,000 fine (Misdemeanor)

DISORDERLY CONDUCT:

Elements of the charge of disorderly conduct under Wisconsin criminal laws:

DISORDERLY CONDUCT:

In a public or private place.
Defendant engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct.
The conduct of the defendant under the circumstances as they then existed, tended to cause or provoke a disturbance

Maximum penalty – 90 days jail and $1000 fine

DOMESTIC ABUSE:

What is domestic abuse?

Wisconsin criminal law classifies domestic violence as a crime if violence occurs between adult persons who live or used to live together. It can also extend to people who do not live together, but are dating or share a child or children together.

Crimes frequently charged as domestic violence can include, but are not limited to:

Disorderly conduct.
Battery
Criminal damage to property
Violation of a domestic violence injunction (restraining order)

Most jurisdictions in Wisconsin have mandatory arrest policies for police who find themselves in a situation where one person accuses another of domestic violence.

What will happen to me after I am arrested for a Domestic Violence crime?

You have an initial appearance in court, at which bail is set and a “No Contact Order” is issued.

What are the conditions of bail or bond?

Cash bail means a person must post the set amount as an assurance they will appear in court. You could be released on a personal recognizance bond, with the personal promise of returning to court. Conditions may also be set by the court that can include, but are not limited to:

Absolute sobriety.
No contact order.
No drugs or drug paraphenailia.

What is a No Contact Order?

A No Contact Order prohibits the person accused of a domestic violence crime from having any contact of any kind with the alleged victim. No Contact Orders are enforced by a separate criminal statute called “Bail Jumping” that has its own sentencing possibilities of jail, fines or both.

Does a No Contact Order apply if I am married or if I share children with the alleged victim?

Yes. At the same time, your attorney may be able to modify the No Contact Order to prohibit only non-violent contact with the alleged victim or to arrange third party visitation with your children.

DRUG CONSPIRACY:

A conspiracy is a mutual understanding to accomplish some common criminal objective, or to work together for a common criminal purpose.

Conspiracy is a Separate Crime.

Conspiracy is a crime separate and apart from the intended crime and as such is charged as a separate crime.

Proving the Crime of Drug Conspiracy:

When the state of Wisconsin charges a conspiracy of crime, the prosecuting attorney must prove the 3 elements of the crime listed below.

That you were a member of a conspiracy to commit a crime.
That the underlying drug crime was committed in “furtherance” of the conspiracy.
That, under the circumstances, the crime you are charged with was a natural and probable consequence of the crime you intended to commit.

DRUG POSSESSION:

Possession of a controlled substance (drug possession) is a very serious crime under Wisconsin law. You will need quality legal representation to reduce the risks of the most severe consequences and to determine what grounds you may have to fight the charges against you.

According to Wisconsin drug laws, the elements of possession of a controlled substance/drug possession are:

The defendant possessed a substance.
The substance in question was (marijuana / cocaine / heroin / lsd / methamphetamine /etc);
The defendant knew or believed that the substance was marijuana / cocaine / heroin / lsd / methamphetamine / etc.

Possession of a Controlled Substance in Wisconsin – Penalties

Substance – Offense – Maximum Penalty

Marijuana – 1st (Misdemeanor) – 6 month in jail, $1000 fine

Marijuana – 2nd (Felony) – 3 ½ years in jail, $10,000 fine

Cocaine – 1st (Misdemeanor) – 1 year in jail, $5000 fine

Cocaine – 2nd (Felony) – 3 ½ years, $10,000 fine

Methamphetamine – 1st (Misdemeanor) – 1 year in jail, $5000 fine

Methamphetamine – 2nd (Felony) – 3 ½ years in jail, $10,000 fine

LSD (Acid) – 1st (Misdemeanor) – 1 year in jail, $5000 fine

LSD (Acid) – 2nd (Felony) – 3 ½ years in jail, $10,000 fine

Heroin – Felony – 3 ½ years in jail, $10,000 fine

Possession of Drug Paraphernalia:

Simply possessing any drug paraphernalia (pipe, bong, needle, etc.) is a crime in Wisconsin. To be found guilty, the state must prove that:

The defendant possessed an item.
The item in question was drug paraphernalia.
The defendant possessed drug paraphernalia with the primary intent to use it to ingest, inhale or otherwise introduce into the human body a controlled substance.

The maximum penalty for possession of drug paraphernalia in Wisconsin is 30 days in jail and a $500.00 fine.

Other Effects of a Drug Possession:

There is a mandatory driver’s license suspension or revocation for a minimum of 6 months and a maximum of 5 years for all drug offenses.
There are no mandatory treatment or random testing programs, but if placed on probation, there would be random testing and possible referral to an AODA treatment program.

DRUNK DRIVING OWI/DUI:

OWI – OVWI- DUI – DWI – BAC – PAC – OPERATING WHILE IMPAIRED:

A drunken driving charge under Wisconsin drunk driving laws is called OWI, which stands for operating while under the influence. An OWI charge is the same as a DUI, BAC, PAC or operating while impaired charge – it alleges that the driver of a motorized vehicle was under the influence while driving. The influencing agent can be any intoxicant such as alcohol, illegal drugs such as cocaine or marijuana, or legal drugs that impair driving.

EMBEZZLEMENT:

In order for the state of Wisconsin to obtain a conviction, the state’s prosecuting attorney must prove each of 4 elements of the crime of embezzlement.

That the defendant had possession of money belonging to another because of the defendant’s employment.
That the defendant intentionally used the money without the owner’s consent and contrary to the defendant’s authority. The term “intentially” means that you must have had the mental purpose to use the money without the owner’s consent and contrary to your authority.
That the defendant knew that the use of the money was without the owner’s consent and contrary to the defendant’s authority.
That the defendant intended to convert the money to the defendant’s own use, or the use of any other person.

FELON IN POSSESSION OF A FIREARM:

It is illegal to be in possession of a gun or firearm in Wisconsin of you’ve been convicted of a previous felony. The law states that you are guilty of the charge if they can prove that:

The person has been convicted of a felony in Wisconsin, has been convicted in another state of a crime that would be a felony if committed in this state, has been adjudicated delinquent on or after April 21, 1994 of a crime that if committed by an adult in Wisconsin would be a felony, has been found not guilty by reason of mental disease or defect of a felony in Wisconsin, found not guilty by reason of insanity or mental illness in another state, has been committed for treatment under 51.20 (13) (a) and ordered not to possess a firearm under 51.20 (13) (cv), or has been enjoined under an injunction pursuant to 813.12 or 813.122
That person possessed a firearm.
The maximum penalty for being a felon in possession of a gun or firearm under Wisconsin laws is 10 years in prison and a $25,000 fine, which is a class G felony.

FRAUD (THEFT BY FRAUD):

Fraud is defined as intentionally withholding of facts or misrepresenting facts in order to cause the exchange of something of value.

The criminal defense attorneys at Danz Law Office defend people against every type of fraud offense, including:

Bad Checks
Insurance Fraud
Bank Fraud
Prescription Drug Fraud
Bribery
Uttering
Credit Card Fraud

The penalties for criminal fraud are progressive and increase as the value of the property increases unless the property belongs to a certain classification.

HOMICIDE:

Criminal homicide is the illegal killing of another person.

FIRST DEGREE INTENTIONAL HOMICIDE:

First degree intentional homicide is the intentional killing of another person or an unborn child. Premeditated and deliberated murder is charged as a 1st degree homicide under Wisconsin law.

First degree intentional homicide is a Class A felony punishable by a mandatory sentence to lifetime imprisonment. If available, eligibility for parole would begin after 20 years had been served. The court has discretion as to whether to allow the prisoner to be released into extended supervision.

SECOND DEGREE INTENTIONAL HOMICIDE:

Second degree intentional homicide is the intentional killing of another person or unborn child without premeditation and deliberation. Murder committed without malice or premeditation can be charged as a 2nd degree intentional homicide under Wisconsin law. Second degree intentional homicide crime includes those often referred to as manslaughter.

Second degree intentional homicide is a Class B Felony punishable by up to 60 years imprisonment.

MANSLAUGHTER:

Manslaughter is the equivalent to second degree intentional homicide. Homicide with adequate provocation (heat of passion crimes) are a 2nd degree intentional homicide. Manslaughter is sometimes referred to as unintentional homicide.

VEHICULAR HOMICIDE:

Vehicular homicide is causing the death of another person by use of a motorized vehicle such as a car, truck or a semi-truck.

INTOXICATED VEHICULAR HOMICIDE:

If the operator of the vehicle is under the influence of alcohol, drugs or some other intoxicant, then the charge is death by use of a motorized vehicle, which if often referred to as drunken vehicular homicide, drunk driving homicide or drunk driving manslaughter.

INTIMIDATION OF A WITNESS:

Intimidation of a witness can be a misdemeanor or a felony. To prove intimidation of a witness took place, the state must establish that:

A person was a witness.
Defendant prevented, dissuaded or attempted to prevent, or attempted or dissuade a witness from attending or giving testimony at a proceeding authorized by law.
Defendant acted knowingly or maliciously

The maximum penalty if convicted of intimidation of a witness is 25 years in prison or $100,000 fine for a felony charge. If it is only charged as a misdemeanor, the penalty is up to 9 months jail or $10,000 fine.

JUVENILE:

What or who is a juvenile?

A person who is under the age of 17 years is a “juvenile” and an offense committed by an under aged person is called a “juvenile offense”. Juvenile courts exist to prosecute children for criminal offenses.

Juvenile Offenses In Wisconsin:

When a juvenile is charged with a crim in the state of Wisconsin, the juvenile court has jurisdiction over the juvenile, but the prosecuting attorney may petition to have the case waived in adult court.

Juveniles Tried As Adults:

Even though a juvenile is legally defined as being under 17 years, a juvenile can be tried in “adult” court. It is almost always in a child’s best interest to remain in juvenile court.

Juvenile Laws:

A juvenile must abide by the same laws as an adult, with the normal exceptions being those laws that are specifically intended for children such as curfews or drinking laws (Wisconsin’s drinking age is 21 years).

ROBBERY:

A robbery is a theft by force. Under Wisconsin laws, the prosecuting attorney must prove all 4 of the elements of the crime of robbery to obtain a conviction.

The victim was the “owner” of the property.
The defendant took the property from the “owner” or in the presence of the “owner”.
The defendant took the property with the intent to steal the property.
Force or threat of force was used by the defendant during the crime.

Property Owner:

An owner of property can be any person who is in possession of the property at the time of the robbery. In most instances, the person in possession of the property is the owner.

Penalty: A Class *** Felony. Imprisonment not to exceed *** years and $*** fine.

SEX OFFENSES:

The elements of the crimes of sexual assault against a child in Wisconsin are as follows:

FIRST DEGREE SEXUAL ASSAULT OF A CHILD:

The defendant had sexual contact or intercourse with a person.

That person was under the age of 13 years at the time of the alleged sexual intercourse or sexual contact.

SECOND DEGREE SEXUAL ASSAULT OF A CHILD:

The defendant had sexual intercourse or sexual contact with a person.

That person was under the age of 16 years at the time of the alleged sexual intercourse or sexual contact.

THIRD DEGREE SEXUAL ASSAULT:

The sexual contact or sexual intercourse took place without the alleged victim giving express consent.

SEXUAL ASSAULT OF A CHILD: FAILURE TO ACT TO PREVENT SEXUAL INTERCOURSE OR SEXUAL CONTACT:

The defendant is a person responsible for the welfare of a child.
The victim was under 16 years of age at the time of the alleged offense.
Another person intended to, was having, or had sexual intercourse or contact with the victim.
That person was under the age of 15 years at the time of the alleged sexual intercourse or sexual contact.

SEXUAL ASSAULT OF A CHILD: FAILURE TO ACT TO PREVENT SEXUAL INTERCOURSE OR SEXUAL CONTACT:

The defendant is a person responsible for the welfare of a child.
The victim was under 16 years of age at the time of the alleged offense.
Another person intended to, was having, or had sexual intercourse or contact with the victim.
The defendant had knowledge that said person intended to have, was having or had sexual intercourse or contact with the victim.
The defendant was physically and emotionally capable of taking action which would have prevented the sexual intercourse or contact from taking place or being repeated.
The defendant failed to take action that would have prevented the sexual intercourse or sexual contact from taking place or being repeated.
The defendant’s alleged failure to act exposed the child to an unreasonable risk that the sexual intercourse of sexual contact may occur, or facilitated the sexual intercourse or contact that occurred between the victim and another person.

The maximum penalty for sexual assault of a child, failure to act to prevent sexual intercourse or contact is 40 years prison and a $100,000.00 fine.

SEXUAL CONTACT:

Sexual contact is the touching of any part of your body, or any object you control, with any of the other person’s “intimate parts.” That is defined as breasts, penis, anus, buttocks or vagina. The State must show that this was done with the intent to gain sexual satisfaction or to humiliate the victim. The touching may be over or under clothing.

SEXUAL INTERCOURSE:

Sexual intercourse includes sex and penetration by a male into a female or another male.

NOT A DEFENSE TO FIRST DEGREE SEXUAL ASSUALT:

MISTAKE OF FACT – VICTIM’S AGE:

A mistake about the victim’s age is no defense to the crime of sexual assault. A mistake of fact about the victim’s age cannot be used as a defense even if the defendant did not know that the victim’s age, was mistaken about the victim’s age, mistakenly judged the victim’s age, or thought the victim to be much older.

MINOR CHILD AGREED OR GAVE CONSENT:

A defense that the minor child agreed to have sexual contact or sexual intercourse is not a defense, nor is the fact that the minor gave full consent. A minor is not legally able to give his or her consent to have any form of sexual contact or sexual intercourse under the laws of the State of Wisconsin.

FIRST DEGREE SEXUAL ASSAULT:

Class B Felony.
Up to 60 years imprisonment (Maximum).
Additional 2-6 years for a repeat offender.
Sex offender Registration.
Lifetime Supervision.
Probation.

SECOND DEGREE SEXUAL ASSAULT:

Class C Felony.
Up to 40 years imprisonment (Maximum).
Fines up to $100,000 (can be in addition to prison).
Additional 2-6 years for repeat offender.
Sex offender Registration.
Lifetime supervision.
Probation.

THIRD DEGREE SEXUAL ASSAULT:

Class G Felony.
Up to 10 years imprisonment, and/or
Fines up to $25,000 (can be in addition to prison).
Additional 2-6 years for repeat offender.
Sex offender Registration.
Lifetime supervision.
Probation.

FOURTH DEGREE SEXUAL ASSAULT:
Class A Misdemeanor.
Up to 9 month in jail and/or fines up to $10,000 (can be in addition to prison).
Additional 2 years for repeat offender.
Sex Offender Registration.
Lifetime Supervision.
Probation.

SEXUAL MORALITY OFFENSES:

The Elements of the various Wisconsin sexual morality offenses are as follows:

FORNICATION: SEXUAL INTERCOURSE IN PUBLIC:

The defendant had sexual intercourse with another
The alleged act of sexual intercourse took place in public

The maximum penalty under Wisconsin law for fornication is 9 months jail and a $10,000.00 fine (Misdemeanor).

LEWD AND LASCIVIOUS BEHAVIOR:

The defendant exposed himself.
The defendant exposed himself publicly.
The defendant exposed himself indecently.

The maximum penalty for lewd and lascivious behavior under Wisconsin law is 9 months jail and a $10,000.00 fine

PROSTITUTION:

That the defendant offered to have non-marital sexual intercourse.
That said act was for something of value.
That the defendant acted intentionally.

The maximum penalty for prostitution according to Wisconsin criminal laws is 9 months jail and a $10,000.00 fine (Misdemeanor).

PATRONIZING PROSTITUTES:

The defendant entered or remained in a place of prostitution
The defendant intended to have non-marital intercourse or an act of sexual gratification with a prostitute.

The maximum penalty for patronizing a prostitute in Wisconsin is 9 months jail and a $10,000.00 fine (Misdemeanor).

SOLICITING TO PRACTICE PROSTITUTION:

The defendant solicited or caused a person to practice prostitution
The defendant acted intentionally

The maximum penalty for soliciting prostitution in Wisconsin is 6 years prison and $10,000.00 fine (Felony).

KEEPING A PLACE OF PROSTITUTION:

That a place is a place of prostitution
That the defendant was a keeper of that place
That the defendant intentionally kept that place

The maximum penalty for keeping a place of prostitution in Wisconsin is 6 years prison and a $10,000.00 fine (Felony).

STALKING:

According to the laws of Wisconsin, to be found guilty of stalking, the state must prove:

Defendant intentionally engaging in a course of conduct directed at another. The course of conduct would have caused a reasonable person to suffer emotional distress, or to fear bodily injury or death to themselves or a member of their family or household;
or
Defendant’s acts caused another to suffer serious emotional distress or induced fear in another of bodily injury or death to themselves or a member of their family or household;
or
Defendant knew or should have known that at least one of the acts constituting the course of conduct would cause another to suffer serious emotional distress or place the person in reasonable fear of bodily injury or death to themselves or their family or household.

Stalking is a felony crime under Wisconsin state law, and the maximum penalty is 3 years and 6 in months in prison and a $10,000 fine.

THEFT :

The crime of theft in Wisconsin can be considered a misdemeanor or a felony depending o the value of the item they say you stole. The elements of a theft charge are one who:

Intentionally takes and carries away, uses, transfers, conceals or retains possession of movable property of another.

By virtue of his office, business or employment, or as trustee or bailee, having custody of money or of a negotiable security, instrument, paper, or other negotiable writing of another, intentionally uses, transfers, conceal, or retains possession of such money, security, instrument, paper or writing.
Having a legal interest in movable property intentionally takes such property out of the possession of a pledgee or other person having a superior right of possession.
Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to which it was made.
Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the written lease or rental agreement has expired.
Without consent.
With the intention of depriving them of it’s possession permanently.

Value of Property – Maximum Penalty

Less than $2500 – 9 months in jail and a $10,000 fine (Misdemeanor)

From $2500 to $5000 – 3 years and 6 months in prison and a $10,000 fine (Felony)

From $5000 to $10,000 – 6 years in prison and a fine of $10,000 (Felony)

Greater than $10,000 – 10 years prison and a $25,000 fine (Felony)

PENALTIES:

Wisconsin Criminal Laws, Charges and Penalties:

There are 9 classes of felonies under Wisconsin criminal law. All felonies are punishable with time in a Wisconsin state prison. The nine classes of felonies are:

Class A Felony – life in prison.
Class B Felony – up to 60 years in prison.
Class C Felony – up to 40 years and $100,000.
Class D Felony – up to 25 years and $100,000.
Class E Felony – up to 15 years and $50,000.
Class F Felony – up to 12 ½ years and $25,000.
Class G Felony – up to 10 years and $25,000.
Class H Felony – up to 5 years and $10,000.
Class I Felony – up to 31/2 years and $10,000.

After any Wisconsin felony conviction, you will no longer be permitted to hunt or carry any gun or firearm, and will no longer be eligible to vote or serve on a jury

Wisconsin Misdemeanor Charges:

A misdemeanor charge is for lesser crimes and any jail time you may be sentenced to would be in a county or local jail instead of the state prison.

Class A Misdemeanor – up to 9 months in prison (up to 2 additional years for a repeat offender), fines of up to $10,000.
Class B Misdemeanor – up to 90 days in prison (up to 2 additional years for a repeat offender), fines of up to $1000.00
Class C Misdemeanor – up to 30 in prison (up to 2 additional years for a repeat offender), fines of up to $500.00.

Wisconsin Ordinance Violations:

An ordinance violation is a law at the city, village, town or county level, which is not considered a criminal offense. Typical ordinance violations are shoplifting (retail theft), disorderly conduct and many traffic charges. For most of these ordinance violations and non-criminal offenses, you are not arrested or taken into custody.

CRIMES

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DANZ LAW OFFICE LLC

262-723-7720