It’s a serious matter everywhere, and here is no exception. Possession of child pornography is a very extreme charge in the state of Wisconsin. If you’re found guilty of this crime, you could be looking at harsh punishments which include fines, jail time, and registry on the sex offenders list.
In essence, this is a crime that you want to avoid.
But what exactly is considered to be possession of child pornography in Wisconsin? Let’s get into it.
What is Considered to Be Child Pornography in Wisconsin?
Child pornography essentially includes of any piece of media which contains sexually explicit images of children under the age of 18. Sexually explicit, in this case, involves everything from beastiality, to sexual intercourse, to exposed intimate body parts, to masturbation, to sexual masochism, sadism, and bondage.
In essence, any image which contains a minor individual, and which is designed to give sexual gratification to its viewer is considered child pornography. It doesn’t matter whether the child in the media is 7 or 17.
VideoWhile many think of child pornography as something being produced in a dark basement with children who are being forced into it against their will, there is much more to it than that.
With the existence of Snapchat and text, sexting has become a very popular practice. This practice has caused a handful of minors to produce sexually explicit videos of themselves performing and engaging in sexual acts. To put it simply, this material is child pornography.
Anyone who is in possession of this material, whether it be in hard copy, on a phone, or on a computer, is technically guilty of child pornography possession.
If you were sent sexually explicit videos of a minor without your permission, it is your responsibility to notify the authorities. Failure to do so will lump you in with other guilty parties.
Perhaps the more common form of child pornography is the photograph. Sexting and internet forums have created an atmosphere where the production of these images is commonplace.
If you’re caught with an image of a child engaged in sexually explicit activity, you will be charged with possession of child pornography.
Again, if you come across images such as these, your best bet is to report them. Having them saved on your phone or computer will incriminate you regardless of whether you look at the photos or not.
Penalties for Possession of Child Pornography in Wisconsin
Regardless of what your age is, possession of child pornography is a crime in the state of Wisconsin. It doesn’t matter whether you’re 15 or 45.
However, there is some differentiation in punishment based on your age.
Adults who are found guilty of child pornography possession will receive a class D felony. This is punishable by up to 25 years in prison, and by fines of up to $100,000. In addition, the guilty party will be forced to appear on the sex offender registry.
Minors who are guilty of possession of child pornography will receive a class I felony. This is punishable by up to 3 years and 6 months in prison, and by fines of up to $10,000. Minors may also appear on the sex offender registry.
Charged With Possession of Child Pornography in Wisconsin?
Not everyone who’s charged with possession of child pornography is actually guilty of possession. It is possible for lewd images and videos to make their way into your legal possession without your knowledge.
Nonetheless, child pornography charges are serious charges and are not something which are always easy to beat. If you want to stand the absolute best chance in court, you’re going to need a top-notch legal defense.
Where can you find that legal defense? Right here with Hartley Pecora.
Contact us today for a free consultation!
Statutory rape is considered to be sexual activity with a person who is not old enough to legally consent.
Regardless of which state you live in, statutory rape is a crime. However, not every state considers the same acts to be statutory rape, and not every state punishes statutory rape in the same ways.
In this article, we’ll discuss statutory rape in Wisconsin; what it consists of; what its punishments are; and everything else that has to do with it.
Types of Statutory Rape in Wisconsin
Sex with a Child of 16 or Older
In the state of Wisconsin, the minimum age of sexual consent is 18. This means that anyone of 18 years of age or older having sexual relations with someone under 18 is committing a crime.
However, not everyone under the age of 18 is considered the same when it comes to statutory rape.
Having sex with someone between the ages of 16 and 18 is technically a crime, but is not considered as serious as having sex with someone under the age of 16. In fact, in Wisconsin, it’s considered only a misdemeanor.
This isn’t to say that it can’t carry some harsh punishments. If you’re found guilty of this crime, you can serve up to 9 months in jail, and owe up to $10,000 in fines.
The only exception to this law is when the adult is married to the underage individual. An adult can be legally married to, and have sexual relations with someone as young as 16 in the state of Wisconsin.
Sexual Assault of a Child – Second Degree
The next severity level as it pertains to statutory rape in the state of Wisconsin is having sex with a minor between the ages of 13 and 15 years old.
The age of the accused has no effect on the enforcing of this law. Even a 16-year-old can be charged with second degree sexual assault of a child in Wisconsin.
If you commit this crime, you are technically committing a felony; a class C felony, to be exact. In the state of Wisconsin, a class C felony is punishable by up to 40 years in prison, and by up to $100,000 in fines.
Sexual Assault of a Child – First Degree
In Wisconsin, the most severe form of statutory rape is sexual activity with a minor under the age of 13.
Again, the age of the accused has no effect on the enforcement of this law. Even a 14-year-old can be charged with first degree sexual assault of a child.
Sexual activity, in this particular case, can involve acts which do and don’t involve penetration. However, the more egregious offenses are typically punished more harshly.
If you’re guilty of this crime, you’ve committed a class B felony. This type of felony can be punished by upwards of 60 years in prison.
Important Things to Note About Statutory Rape in Wisconsin
In Wisconsin, when it comes to this law, there isn’t a lot of wiggle room. For instance, you can’t claim that you were unaware of the age of the person you were having sex with. This argument will not stand up in a Wisconsin court of law.
Relationships are also no excuse for statutory rape. For example, an 18-year-old having sex with a 16-year-old that he or she is in a relationship with is still technically committing statutory rape. This differs from some states where such practices are legally allowed.
Charged With Statutory Rape in Wisconsin?
Have you been charged with statutory rape in Wisconsin? If so, you’re facing some harsh punishments. This is not something that you should take lightly. You’re going to need an experienced and professional legal defense.
Fortunately, you’ve found it: Hartley Pecora Law Offices. Our team of lawyers has decades of experience in defending clients against statutory rape charges. We’re more than prepared to defend you.
Contact us today to set up a free consultation!
As in all states in the United States, felony drug possession is a big deal. If law enforcement officials have caught you in possession of illegal drugs, you’re in for an arduous court battle.
Of course, the specific illegal drug that you’re in possession of will affect the severity of your punishment. Marijuana possession doesn’t receive as harsh a penalty as does heroin possession, but they’re both still fairly serious crimes.
So, what can you expect as a punishment for felony possession of specific drugs?
Here is an explanation of Wisconsin’s felony possession punishments.
What Drugs are Unlawful to Possess in Wisconsin?
While a bevy of different drugs are considered illegal in Wisconsin, a select few drugs are used and punished the most. These drugs include marijuana, cocaine, LSD, methamphetamine, heroin, and non-prescribed prescription drugs.
While marijuana is slowly being legalized from state to state within the United States, it’s still illegal to possess in many U.S. states in 2017. Wisconsin is one of those states.
Possession of marijuana in the state can yield a number of penalties. For a first offense, at the very least, you’ll be slapped with a small fine and some community service. At the very most, you can face up to 6 months in prison. A first offense is considered a misdemeanor.
For a second offense, the crime is considered a felony. Being indicted for a second time can result in you spending up to 3 ½ years in prison, and in paying up to $10,000 in fines.
While marijuana possession is a serious offense in the state of Wisconsin, cocaine possession is a very serious offense.
The very first time you’re caught with possession of cocaine, you can be sentenced to up to a year in prison. While first-time possession is considered a misdemeanor, it can still result in you paying a fine of $5,000.
Any subsequent possessions of cocaine are considered a felony. These offenses, like second-time marijuana offenses, can result in you spending up to 3 ½ years in prison, or in paying up to a $10,000 fine.
In the state of Wisconsin, LSD possession penalties are identical to cocaine possession penalties.
Upon a first offense, your possession will be considered a misdemeanor. This misdemeanor will result in up to a year in prison, and up to $5,000 in fines.
A second offense will be considered a felony, and will be met with much harsher penalties. These penalties include up to 3 ½ years in prison, and up to $10,000 in fines.
Possession of methamphetamines in Wisconsin is subject to the same penalties as possession of cocaine or LSD.
First-time offenders can receive up to a year in prison and up to $5,000 in fines. Second-time offenders can receive up to 3 ½ years in prison and up to $10,000 in fines.
In the state of Wisconsin, those who are caught in possession of heroin and heroin-related drugs will be immediately subject to harsh penalties.
First-time offenders can face up to 3 ½ years in prison, and can also face up to $10,000 in fines. Subsequent offenses will result in the same.
Non-Prescribed Prescription Drugs
If you’re caught in possession of prescription drugs which were not prescribed to you, you can receive a number of different penalties.
These penalties are entirely predicated upon what drug you’re in possession of. Each drug carries a slightly different penalty.
Consult us to learn of the potential penalties for these drugs.
Looking to Avoid Wisconsin’s Felony Possession Punishments?
Have you gotten yourself into a situation in which you must fight Wisconsin’s felony possession punishments? Do you live in the Milwaukee area? If so, you’ve arrived in the perfect place.
At Hartley Pecora Law Offices, we know exactly what must be done to save our clients from the repercussions of felony drug possession. Our experienced team of attorneys is well-versed in defending clients against drug charges.
Contact us to schedule a free consultation today!
With the invention of texting came the invention of sexting; the activity in which two individuals text sexually explicit photos or messages to each other in order to gain sexual gratification.
This activity, when carried out between consenting adults, is completely within the bounds of legal communication. But when carried out between an adult and a minor, or between two minors, these bounds are overstepped.
To put it simply, in Wisconsin (and everywhere else, for that matter), sexting with a minor is illegal. Here is what you need to know about sexting minors in Wisconsin.
Minor Sexting Offenses in WisconsinViewing a Sexually Explicit Image of a Minor
The first type of sexting offense is viewing a sexually explicit image of a minor. If you have knowingly looked at an image or video of a child engaged in sexual activity, you are technically guilty of a crime.
This is so regardless of what your age is. It doesn’t matter whether you’re 62 or 14. An image of a child engaged in a sexual act is considered child pornography. Viewing it carries the same penalties that a possession of child pornography charge would carry.
If you are sent an image or video against your will, it is your responsibility to report it to the authorities.
Causing a Minor to View a Sexually Explicit Image
Another illegal act in the state of Wisconsin is to show a sexually explicit image to a minor. It doesn’t matter how old the person or people in the photo are. Forcibly showing such an image to a minor is a crime.
This means that it is illegal for an adult to send to a child a photo or video of him or herself engaging in a sexual activity. Even accidentally sending such an image can result in a charge.
So, if you’re going to sext, be very careful about who you’re sending your message to.
Distributing an Image of a Minor Engaging in Sexually Explicit Activity
If you happen to have come across an image or video of a minor engaged in sexual activity, it is your responsibility to notify authorities. What you definitely don’t want to do is the exact opposite. Which is to say, you don’t want to spread that photo or video around to other people.
Distributing an image or video of a minor participating in sexual activity is a very serious crime; much more serious than just possessing said picture.
Again, it doesn’t matter how old you are. Committing this crime can land you in some very serious legal trouble.
Penalties for Sexting Minors in Wisconsin
Sexting with a minor is an offense which falls under child pornography statutes. For this reason, sexting with a minor is penalized in the same way that possessing child pornography is.
Adults who are guilty of any of the above crimes will receive a class D felony. A class D is punishable by up to 25 years in prison, and by up to $100,000 fines.
Minors who are guilty of any of the above crimes will receive a class I felony. A class I is punishable by up to 3 years and 6 months in prison, and by fines of up to $10,00.
Also, both adults and minors may be forced onto the sex offender registry. In essence, these crimes carry with them some very heavy punishments.
Charged with Sexting Minors in Wisconsin?
If you’ve been charged with any of the crimes reviewed above, you’ve got a very serious legal battle ahead of you. Sexting charges such as these can not only result in fines and jail time, but can put you on the sex offender registry as well.
In order to give yourself the best possible chance in court, you’re going to need an experienced legal defense. Live in the Milwaukee area? If so, we here at Hartley Pecora Law Offices are that legal defense.
Contact us today for a free consultation!
While drug possession charges themselves are taken most seriously, drug paraphernalia charges are nothing to scoff at. Like drug possession charges, they can blemish your public record and stifle your credibility when applying for jobs or housing.
If you’ve got a drug paraphernalia charge being levied against you, it’s time to lock down and take it seriously.
You want to do everything in your power to avoid the penalties for drug paraphernalia charges in Wisconsin.
What is Considered Drug Paraphernalia in Wisconsin?
Drug paraphernalia can include a number of different items, but essentially involves anything which can be used to administer drug use. Examples of paraphernalia include bongs, pipes, aluminum foil, scales, syringes, altered bottles, and rolling papers.
It should be noted, however, that the possession of these items is only punishable in certain contexts. For instance, having aluminum foil in your possession is not illegal. But having that aluminum foil in your possession with proof that you have used, or might use it for illegal drug administering purposes can land you in trouble.
Types of Drug Paraphernalia Charges and Their Penalties
In general, there are three types of drug paraphernalia charges which can be brought against you in Wisconsin. The first one involves simple possession of paraphernalia.
Whether you’ve got paraphernalia in an automobile, public space, or in your home during a warrant search, you are technically in possession of it. This alone can land you with a charge.
Simple possession is considered only a misdemeanor, but can still carry some fairly harsh penalties. If you’re guilty of this crime, you can be charged with up to 30 days in jail, and with a fine of up to $500. Not to mention, your charge will appear on your public record.
Manufacture or Delivery
The next charge involving drug paraphernalia that can be brought up against you is manufacturing paraphernalia or intending to deliver it. This charge is a little more serious than simple possession, as indicated by its coinciding penalties.
If you’re found guilty of this crime, you can spend up to 90 days in jail, and pay up to $1,000 in fines. There are other charges which could be tacked onto this charge, including drug trafficking and keeping a drug home. Being found guilty of these charges will increase the overall intensity of the penalty.
Delivery to a Minor
The most serious charge you can receive involving drug paraphernalia in Wisconsin is delivering paraphernalia to a minor. In the state of Wisconsin, in this case, a minor is considered to be anyone at the age of 17 or under.
It doesn’t matter whether you’re delivering the paraphernalia in person or through the mail. Both are considered to be the same crimes.
If you’re found guilty of this crime, you can face up to 9 months in prison, and incur fines of up to $41,000. In essence, it’s considered to be a much more serious crime than the ones we reviewed above.
Fighting Drug Paraphernalia Charges in Wisconsin?
While they’re not especially egregious, drug paraphernalia charges can still impact you in a very negative way; particularly when you’re seeking out employment or trying to rent an apartment. For this reason, they need to be taken seriously and fought with every fiber of your being.
If you want to beat your drug paraphernalia charges in Wisconsin, your best bet is to bring in professional legal help. Where can you find that help? Right here at Hartley Pecora Law Offices. Our team of lawyers has a great deal of experience in fighting charges such as these, and will give you the best chance possible of winning your case.
Contact us today for a free consultation!
In the state of Wisconsin (and just about every other state in the country), physical battery is against the law.
However, not all cases of battery are viewed equally by a court of law. Like most offenses, they are judged on a spectrum, and are penalized based on their severity.
For instance, spitting in somebody’s face is not considered equivalent to hitting somebody so hard that you break their nose. Each offense carries its own level of severity.
So, what exactly is battery in Wisconsin, and how is it judged? Let’s take a look.
Misdemeanor Battery in Wisconsin
What is Misdemeanor Battery?
Misdemeanor battery is the less severe form of battery, and is generally considered any form of physical attack which causes bodily harm, and which is intentional and done without the permission of the attackee. In this case, bodily harm can mean anything from sickness, to mental impairment, to physical dysfunction.
Specific acts which may be considered misdemeanor battery include pushing, spitting, and tackling. Blowing smoke in someone’s face or throwing an object at a person can also be considered misdemeanor battery.
Physical contact alone is not necessarily considered misdemeanor battery. Lightly tapping someone to get their attention, for instance, is not considered battery of any sort.
But if you make contact with someone in an aggressive manner, you’re likely committing misdemeanor battery.
This is, of course, provided that your physical contact doesn’t result in any serious injury. Causing serious injury will bump your offense up to a felony.
What are the Penalties for Misdemeanor Battery?
Provided that you didn’t make any threats of using a violent weapon, a misdemeanor battery offender can be penalized with up to 9 months in prison, and up to a $10,000 fine. This is, of course, a maximum penalty.
Those who commit misdemeanor battery and threaten someone with a violent weapon will usually receive a harsher penalty. In total, these types of offenders can serve up to 15 months in prison.
Felony Battery in WisconsinWhat is Felony Battery?
Felony battery is much more serious than misdemeanor battery, and is generally characterized by physical attacks in which the abused is seriously injured. Both living people and unborn fetuses can be subject to felony battery in the state of Wisconsin.
As with misdemeanor battery, felony battery is something which causes sickness, mental impairment, or physical dysfunction to another person.
Felony battery itself is put into two categories: substantial and aggravated.
Substantial felony battery involves physical attack which results in knocked out teeth, severe cuts, broken bones, and the like. It does not include physical attack which results in long-term complications.
Aggravated felony battery involves physical attack which results in long-term ailments such as permanent memory loss, third-degree burns, and severed limbs. It’s the most serious form of battery that there is.
What are the Penalties for Felony Battery?
When it comes to penalties for felony battery, there is quite a wide margin. Prison terms typically range between 3 ½ and 15 years, with less severe offenders serving shorter prison terms overall.
Based on the severity of the crime, it will be labeled a Class H, E, or I felony. Each of these classes is subject to its very own penalties, but they all typically involve prison time. In essence, felony battery is a serious offense which should be avoided at all costs.
Get Help Fighting Your Battery Charge
Have you been charged with misdemeanor or felony battery? If so, you would be best served by hiring an attorney to defend you in a court of law. Live in the Milwaukee area? We here at Hartley Pecora Law Offices are exactly who you need to turn to.
Our team of seasoned defense lawyers possesses years of experience in this particular area, and will provide you with the fair shake that you deserve.
Contact us for a free consultation today!
While you are allowed to conceal and carry firearms in some instances in the state of Wisconsin, there are still laws on the books which dicate what you can and can’t do with them. You don’t have carte blanche to do with them what you want.
To keep yourself out of legal trouble, it’s important to know what the laws are regarding concealing and carrying. This is what you should know about concealed carry laws in Wisconsin.
Who is Allowed to Conceal and Carry in Wisconsin?
As with the driving of an automobile or the imbibing of alcohol, the concealing and carrying of a firearm has a minimum age requirement. In the state of Wisconsin, this age is 21 years old.
Anyone under the age of 21 who conceals and carries a firearm will be subject to various legal percussions.
In order to conceal and carry a firearm in the state of Wisconsin, you must have a relatively clean legal record. While you can still carry with a few minor offenses on your record, you will be forbidden to carry if you have any felonies.
This is usually determined on a case-by-case basis, so it might be wise to consult a lawyer in order to determine your status.
Mentally Stable Individuals
Not only must your legal record be fairly spotless in order for you to conceal and carry a firearm, but your mental health record as well.
However, only those individuals who have been declared mentally unfit in a court of law are typically subject to the regulations. You aren’t required to undergo a mental health screening.
At this point in time, if you’re going to conceal and carry in public in Wisconsin, you’ll need a concealed carry permit. You can obtain one of these permits by applying at this website.
The state will typically run a background check on you to ensure that you’re fit to hold a firearm in public.
Where Can You Not Conceal and Carry in Wisconsin?
Regardless of whether or not you’ve got a permit, you are now allowed to conceal and carry in a detention center or prison.
Mental Health Institutions
While you may be able to conceal and carry in certain parts of mental health institutions, you cannot conceal and carry in secured parts of the buildings.
In the vast majority of cases, you cannot conceal and carry while in a court of law.
Airport Security Checkpoints
Concealed and carried firearms are one of many types of weapons which cannot be taken into airport security checkpoints.
In most instances, you are not allowed to conceal and carry firearms in establishments which sell or serve alcohol.
Penalties for Violating Concealed Carry Laws in Wisconsin
Those who are carrying a concealed firearm without a permit are subject to penalties in the ways of up to 9 months in prison, and up to $10,000 in fines.
If you’re caught concealing and carrying whilst also being legally forbidden from having a firearm, you are subject to up to $25,000 in fines, and up to 10 years in prison.
If you have a permit to conceal and carry, but are caught concealing and carrying in a forbidden area, you can be fined up to $500, and can spend up to 30 days in jail.
Charged with a Concealed Carry Violation?
If you’ve been charged with violating concealed carry laws in Wisconsin, you face not only stiff fines, but possible jail time. For this reason, you need to take your charges very seriously.
If you’re going to stand a chance against the charges, you’re going to need excellent legal defense on your side. Fortunately for you, you’ve found it.
Here at Hartley Pecora Law Offices, we’re well-versed in defending clients against concealed carry charges. Our goal is to get you off with as light a sentence as possible.
Schedule your complimentary legal consultation now!
As with every state in the United States, sexual assault in Wisconsin is a very serious matter. If you’ve been charged with it, you’re in for an uphill battle.
While all forms of sexual assault are punished fairly harshly, not all forms of sexual assault are punished in the same ways. Your sentence is typically dictated by the severity and manner of the sexual assault.
So, what are the typical penalties for different types of sexual assault in Wisconsin? Read on to find out.
Types of Sexual Assault in Wisconsin
First degree sexual assault is the most severe type of sexual assault, and carries with it the harshest overall penalties of all sexual assault types.
This type of sexual assault includes any form of unwanted oral, vaginal, or anal penetration which results in serious injury or pregnancy as it pertains to the assaulted party. First degree sexual assault is often characterized by physical violence, or at the very least, threats of physical violence.
First degree sexual assault is considered either a Class A or Class B felony. If the assault is committed on a child of 13 years of age or younger, it can result in imprisonment for life. If the assault is committed against an adult, it can result in up to 60 years of imprisonment.
Second degree sexual assault encapsulates a number of different sexual activities, including sexual contact with a mentally-impaired or intoxicated person. It also involves those who use their positions of power to coerce vulnerable people into sexual relations.
This type of sexual assault also covers cases where minor violence or threats of minor violence are used to intimidate the assaulted individual. Additionally, it covers any case in which a legal adult has sexual relations with someone under the age of 16.
Second degree sexual assault of either a child or adult can yield up to 40 years of imprisonment. It can also result in a fine of up to $100,000.00.
Third degree sexual assault involves any form of sexual touching (intercourse or otherwise) in which the assaulter urinates, ejaculates, or places excrement on the assaulted person against that person’s will. It must, however, be noted that the act has to be done in an attempt to degrade or humiliate the assaulted individual.
This form of sexual assault isn’t seen as being as extreme as more heinous forms of sexual assault, but is still punished quite harshly. If you’re proven guilty of third degree sexual assault, you can be punished with a fine of up to $25,000, and with prison time of up to 10 years.
Fourth degree sexual assault involves any form of touching in an attempt to humiliate or degrade the assaulted party. The groping of the genitals or of other protected body parts is most typically considered fourth degree sexual assault.
Charges can be brought up against someone whether they’re touching the body part directly or through clothing.
Those who are guilty of fourth degree sexual assault can face up to 9 months in prison, and can also face a fine of up to $10,000. In addition, they will likely also be put on the national sex offender registry.
Have You Been Charged with Sexual Assault in Wisconsin?
If you’ve been charged with sexual assault in the state of Wisconsin, you’re facing some very serious legal consequences. For this reason, you need a staunch legal defense.
Live in the Milwaukee area? If so, we here at Hartley Pecora are exactly who you need to turn to. With years of experience on our side, we know the ins and outs of sexual assault law, and will fight to give you as light a sentence as possible.
Schedule your complimentary consultation today!
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