Perhaps you were in a bar fight? Maybe you had a domestic dispute with your spouse? Whatever the case may be, you’re being charged with battery.
If this is the case for you, you need to be concerned. Battery is regarded as a serious crime in the State of Wisconsin and can even land you in prison. You’ll want to be as prepared as possible so that you can represent yourself well in court.
Read on to better understand the crime of battery in Wisconsin.
What is Considered Battery in Wisconsin?
In the State of Wisconsin, battery is a fairly easy crime to understand. To put it simply, battery involves any situation in which a person purposefully causes harm to another person. The only case in which this would not be considered battery is if a person was causing harm to another person in order to defend him or herself.
It should be noted that not all battery is viewed equally. Varying levels of violence are charged and penalized differently. Whereas minor battery offenses are only considered misdemeanors, major battery offenses are considered felonies.
Battery is also charged differently based on whether it’s domestic or non-domestic battery. Domestic battery is often seen as a much more serious offense than non-domestic battery. In either case, an experienced battery lawyer in Milwaukee will be able to build a defense for you.
Understanding Domestic Battery
In terms of the law, domestic battery in Wisconsin includes any situation in which an individual causes purposeful physical harm to someone he or she shares, or has shared a close intimate relationship with. This includes spouses and ex-spouses.
This battery can be either physical or sexual and will be judged based on its severity. Less severe battery cases involve situations in which individuals suffer only minor injuries. The more severe the injury caused by the battery, the more severe the charge.
For less severe cases, you’ll be charged with a Class A Misdemeanor. For more severe cases, you’ll be charged with a Class H or I Felony.
Understanding Non-Domestic Battery
If the person whom you allegedly battered was not in an intimate relationship with you, you will be charged with non-domestic battery. Again, depending on the severity of the battery, you can be charged with a Class A Misdemeanor, a Class H Felony, or Class I Felony.
The vast majority of non-domestic battery cases are considered Class A Misdemeanors. Factors which can bump up the charges include inflicting serious injury and battering a physically disabled individual.
Regardless of which crime you’ve been charged with, you’ll want to hire an attorney. Even a Class A Misdemeanor can land you in prison.
Battery of an Unborn Child
The most serious form of battery in Wisconsin is battery of an unborn child. This occurs when an individual causes injury to a pregnant woman, physically harming her unborn baby in the process.
Again, this crime is charged based on its severity. If serious damage is done to the unborn child, the batterer can be charged with a Class E, I, or H Felony. If only minor damage is done to the child, the batterer will only receive a Class A Misdemeanor.
It is important to note, however, that all of these charges can result in prison sentences. The more serious the crime, the longer the prison sentence.
Defending Yourself Against Battery in Wisconsin
What it all comes down to is that battery is a serious crime. Depending on the severity of the offense, if found guilty, you could be looking at large fines and lengthy prison sentences. For this reason, you want to give yourself as great of a chance as possible in court. Hiring an experienced battery or criminal defense attorney in Milwaukee is critical step.
How do you do this? By hiring the most knowledgeable and experienced criminal defense attorney team in the Milwaukee– Hartley and Pecora. Looking for knowledgeable and experienced criminal defense attorneys? We here at Hartley Pecora Law Offices are the people to see.
Contact us today to schedule a free consultation!
While we hope to avoid lawsuits at all costs, the fact of the matter is that we sometimes run into legal trouble. When this happens, it needs to be taken very seriously. Being convicted of a crime can not only land you with heavy fines, but jail or prison time as well.
If you’re being charged with a crime, it is of the utmost importance that you hire a defense attorney. However, not all defense attorneys are created equally. How do you find one which is right for you?
This is what you should consider when looking for a Milwaukee defense attorney.
When choosing a defense attorney, it is a necessity to have a deep understanding of his or her background. You need to ensure that he or she graduated from a reputable law school, and that he or she has some real-life law experience. Unless you’re looking for pro bono work, you should avoid attorneys who just passed the bar exam within the last few months.
While one defense attorney might specialize in sexual assault cases, another defense attorney might specialize in drug possession cases. It’s vital that you choose an attorney who is experienced in your specific type of case. You don’t want to hire a probate attorney to defend you in a reckless endangerment case, for example.
Team vs. Solo
There are two different types of attorneys: those who work with other lawyers and paralegals as a team, and those who handle their clients’ cases on their own. Both types of attorneys can be good at what they do. Just make sure that you’re comfortable with your particular attorney’s style of practice.
Before hiring a defense attorney, you’re going to want to take a look at his or her case history. Not only do you want to see if he or she has been successful with past clients, you want to see whether or not he or she goes to court for clients.
Some lawyers will avoid court like the plague, settling out of court, and doing very little to help their clients at all. You want to make sure that your attorney is ready and willing to go to court for you.
Case Management Style
Every attorney you come across will handle your case in a slightly different way. None of these ways are technically wrong, but they could very well be wrong for you and your personality.
It’s important that your attorney’s case management style feels comfortable for you. This comfort will foster communication, allowing you to stay on the same page with your attorney all throughout your case.
One last thing you’ll need to consider when looking for a defense attorney is how much he or she charges. Different attorneys charge drastically different rates. While one lawyer may charge $100 an hour, another lawyer may charge $500 an hour.
Ensure that the lawyer you’re working with is within your price range. You don’t want any surprise bills popping up in the future.
Need a Reputable Milwaukee Defense Attorney?
If you’re reading this blog post, there’s a decent chance that you or a loved one has been charged with a crime in the Milwaukee, Wisconsin area. Looking for a reputable Milwaukee defense attorney? We here at Hartley Pecora can help.
Our team of attorneys is highly experienced in legal cases of all types, including assault, disorderly conduct, drug possession and much more. We will use our wealth of experience to defend you against any and all charges which have been levied against you.
Contact us 24/7 to better understand how we can defend you!
Disorderly conduct is an offense which is judged on a fairly arbitrary basis. While one person may consider a particular action to be disorderly conduct, another person may not. Because of this, fortunately, it’s a charge that can be fairly successfully fought in court.
Have you been charged with disorderly conduct in Wisconsin? Trying to understand what you’re up against? Below, we will describe not only what constitutes disorderly conduct in the State of Wisconsin, but what the potential penalties are for various offenses.
What Constitutes Disorderly Conduct in Wisconsin?
To put it simply, disorderly conduct involves any action which causes a public disturbance. Screaming loudly, engaging in harassment, and generally causing a scene are considered to be disorderly conduct.
In the State of Wisconsin, disorderly conduct is typically broken down into four categories: causing a disturbance, vagrancy, consuming alcohol in a public area, and damaging the US flag.
Causing a Disturbance
The most common form of disorderly conduct is the act of causing a disturbance. Acts which fit this bill include screaming profanity, engaging in violence, disobeying a police officer, and presenting yourself in the nude.
Penalties: The act of causing a disturbance can be punished in a number of different ways. However, in most cases, the act is punished by a Class B Misdemeanor. This can result in the guilty party paying up to $1,000 in fines and spending up to 90 days in jail.
Vagrancy is the act of wandering from place to place without a set destination. In the state of Wisconsin, this act is considered to be disorderly conduct. Those who are seen as vagrants in the eyes of the law are prostitutes, the homeless, and unlicensed vendors, to name just a few.
Penalties: The typical penalty for vagrancy in Wisconsin is a Class C Misdemeanor. Those who are guilty of the crime can be punished with up to 30 days in jail, and with fines of up to $500.
Consuming Alcohol in Public Areas
Another form of disorderly conduct is consuming alcohol in undesignated public areas. In Wisconsin, you are only allowed to imbibe alcohol on private property, and on public land which has been specially designated for alcohol consumption.
Penalties: As with vagrancy, this offense is punishable by a Class C Misdemeanor. This can land you with fines of up to $500, and jail time of up to 30 days. However, if you’re acting recklessly in public while under the influence of alcohol, additional penalties can be tacked on.
Damaging the US Flag
While damaging the United States flag is not a crime in and of itself, it is considered a crime if it results in some sort of social disorder. For instance, if the action of your burning the flag resulted in a riot starting, you would be held responsible.
Penalties: In the State of Wisconsin, this act is taken fairly seriously. In fact, it’s considered a Class A Misdemeanor. A Class A Misdemeanor is punishable by up to $10,000 in fines, and by up to 90 days in jail.
Fighting Disorderly Conduct in Wisconsin?
Are you fighting a disorderly conduct charge in Wisconsin? If so, you’d be well-served by hiring an experienced defense attorney. Looking for such a defense attorney? We here at Hartley Pecora are ready to help.
We’ve defended clients in a bevy of different disorderly conduct cases and have gotten our clients reduced sentences in a number of these cases. It would be our joy to do the same for you.
Contact us 24/7 to ensure you have proper legal representation.
No one has to be reminded that drunk driving is a serious offense. This fact is plastered all over billboards, TVs, computers, and radios.
However, despite this, individuals still take the risk of driving while intoxicated. Perhaps you took this risk, and were pulled over by the police? If so, you’ve got an arduous court case ahead of you. It would be wise to brush up on the potential consequences.
Here is everything you need to know about drunk driving in Milwaukee.
What is Considered Drunk Driving in Milwaukee?
In the state of Wisconsin, drunk driving is legally punishable by an OWI (operating while intoxicated). In order for a person to obtain on OWI, he or she must be operating a motor vehicle while also possessing an appropriately high blood alcohol content.
If you’re 21 or older, your punishable blood alcohol content is 0.08% and higher. If you’re under the age of 21, your punishable blood alcohol content is 0.02% and higher.
There is a separate penalty for those who operate commercial vehicles while under the influence. Their punishable blood alcohol content is 0.04% and higher.
Drunk Driving in Milwaukee: The Consequences
If you’re found guilty of drunk driving in Milwaukee, you are punished based on how many OWIs you already possess. While all guilty parties will be punished harshly, those who have been guilty more than once will be punished especially harshly.
Those who are receiving their first OWIs will not be subjected to jail time unless they injured or killed someone while under the influence. Instead, they will be punished by fines of up to $300.
In addition to these fines, they can have their driver’s licenses suspended for up to 9 months. So that they can still go to work, they might be rewarded with an occupational driver’s license. This license allows for guilty individuals to operate their vehicles when (and only when) they are going to work.
When an OWI hits your record, it stays there for a period of 10 years. Any additional OWIs which are added to your record before this 10 years ends will be judged with progressively harsher penalties.
Your second OWI offense is punishable by between 5 days and 6 months in prison. In addition to this prison time, it is also punishable by between $300 and $1,100 in fines.
There is also a chance that second-time offenders could have their driver’s licenses suspended for between 12 months and 18 months. In some cases, the guilty parties will be allowed occupational driver’s licenses.
Those who receive an OWI for the third time in 10 years will be punished by between 30 days and a year in prison. In addition to prison time, they can be forced to pay between $600 and $2,000 in fines.
Someone who has received a third OWI will almost certainly have his or her license suspended. At this point, it can be suspended for anywhere between 2 and 3 years. However, there is still a chance that he or she will be allowed an occupational driver’s license.
Should you receive any more than three OWIs in 10 years, you will start to be penalized with major prison time.
Charged with Drunk Driving in Milwaukee?
Have you been charged with drunk driving in Milwaukee? If so, you’re going to need a staunch legal defense. It’s highly recommended that your hire a defense attorney.
If you’re looking for a Milwaukee defense attorney with a reputable record, we here at Hartley Pecora are the people to see. We’ve defended clients in a variety of different drunk driving cases, resulting in reduced sentences for a number of our clients.
Contact us today for 24/7 service!
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