When facing serious charges in a court of law, you could potentially be subjected to a lengthy prison term. In the event that such a prison term is levied against you, you will want to do everything in your power to have it reduced.
While not all criminal sentences can be reduced, many of them can. Wondering how to get your criminal sentence reduced in Milwaukee? This article should offer you some assistance.
When Should You Attempt to Reduce a Sentence?
When attempting to have a criminal sentence reduced, the key is to be ahead of the game.
It’s important that the effort to reduce your sentence be made before a final sentence is delivered by the judge. Attempting to reduce a sentence after it’s been delivered by a judge is typically a lost cause.
There are exceptions to this, but they typically come at the behest of the courts. For instance, if the maximum criminal penalty for a specific crime were to be reduced in the word of law, a court might then reduce the sentences of individuals who were previously convicted of this crime.
Under What Conditions Can a Sentence Be Reduced?
As noted in the introduction of this article, not all criminal sentences are open to reduction. There must be particular conditions surrounding the sentence in order for it to be reduced by a judge. We’ll discuss those conditions below.
ErrorsIn some cases, errors are made, resulting in criminal sentences that are actually illegal. If an error-laden and illegal sentence is issued, the defendant will have 14 days to argue for a reduced sentence.
Some examples of relevant errors include ambiguous sentences, sentences which are issued out of legal jurisdiction, and sentences which do not live up to the standard of law set in a particular legal jurisdiction.
Cooperation with Prosecution
If you’ve ever watched a television crime show, you may have stumbled across the concept of cooperating with the prosecution. This concept essentially entails a defendant sharing incriminating information about another defendant with the prosecution.
Cooperating defendants who share valuable information about other defendants are typically awarded with a reduced sentence. Generally, this reduced sentence can be applied for anytime within one year after the cooperating defendant’s punishment begins.
Every once in a while, a defendant’s sentence will be reduced because of his or her age or individual behavior. This is known in the State of Wisconsin as compassionate release, or compassionate modification.
Those who are awarded with compassionate release are prisoners who have demonstrated excellent behavior over a prolonged period of time. Federal code allows for judges to reduce the criminal sentences of convicts who have served more than 30 years of a prison sentence, and who are over the age of 70.
The Importance of a Defense Attorney in Reducing a Criminal Sentence
Fighting to have a criminal sentence reduced is a complex process. In most cases, the process will require the assistance of a defense attorney. A defense attorney will be able to speak with the prosecutor at length, discussing what can and can’t be done to reduce any penalties.
If you’re attempting to have a sentence reduced, we highly recommend that you hire a defense attorney. Looking for an experienced defense attorney in Milwaukee? You’re in the right place.
We here at Hartley Pecora have provided legal counsel for clients all over the Milwaukee area. Regardless of the nature of your case, we will fight to have your penalty reduced as much as possible.
We’re available 24/7. Contact us now!
Have you recently encountered legal trouble? Are you due to appear in a court of law? If so, it’s wise to hire a Milwaukee defense attorney.
A defense attorney can do a number of different things for you, helping you get through the process in as smooth a manner as possible. Here are 5 reasons to hire a Milwaukee defense attorney.
1. Experienced Defense
The fact of the matter is that the legal system is complex. It requires years of arduous study in order for a person to truly understand how the legal system works. Who has engaged in this study? Attorneys.
This is why, if you’ve been charged with a crime, it is wise to hire a Milwaukee defense attorney. A defense attorney will be able to guide you through the legal process, giving you your best shot at success in court.
2. In-depth Legal Knowledge
In order to adequately defend yourself against a legal charge, you have to possess a deep knowledge of the law. The truth is that most individuals don’t possess this level of legal knowledge.
A lawyer, however, does. For this reason, it’s always wise to hire a Milwaukee defense lawyer after you’ve been charged with a crime. Using his or her extensive legal knowledge, your lawyer will be able to effectively defend your case in front of a judge.
3. Reduced Penalties
The goal of the defendant in any court case is to make it through the trial with as small a penalty as possible. Ideally, the defendant will not be penalized at all. However, even if the defendant is deemed guilty, he or she can still work to have a penalty reduced.
In order to achieve this, however, an attorney will be needed. An experienced defense attorney will work with their defendant to come up with the most effective strategy in making an appeal. By making a deal with the prosecutor, a good defense attorney can work to minimize your sentence.
4. Smaller Workload
Defending yourself in a court of law is far from a simple task. In order to defend yourself adequately, there are a great many things which you must handle. For most, handling all of these things alone can be overwhelming.
By hiring a defense attorney, you subject yourself to a much smaller workload. In fact, your attorney will handle almost your entire case for you. All you’ll have to do is answer your attorney’s questions and show up in court.
Going to court is stressful enough as it is. There’s no reason to compound this stress by carrying the whole case on your shoulders.
5. Moral Support
When in the midst of a trial, you are likely under a great deal of stress. In some cases, the stress caused by being in court can be overwhelming. This is where a defense attorney can help.
Your defense attorney is not just your legal counsel. Your defense attorney is also your confidant. He or she will offer moral support to you throughout the trial, easing your mind and answering any questions that may arise.
Hire a Reputable Milwaukee Defense Attorney
Are you interested in hiring a Milwaukee defense attorney? Looking for a reputable one? If so, we here at Hartley Pecora Law Offices are the people to see.
Our team of attorneys has defended clients in a wide variety of cases, from reckless endangerment, to drug possession, to drunk driving, and much, much more. Regardless of the nature of your case, we can provide you with top-notch legal counsel.
We’re available 24/7. Contact us today!
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!
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!
In the state of Wisconsin, veterans in the court system are sometimes (and rightfully so) treated a little differently than average citizens. Due to the repercussions of the stresses that military veterans endured during their service to our Country, they are lent a little more assistance by the court system.
Not all court systems in Wisconsin, however, offer the same type of assistance to veterans. Different jurisdictions have different programs established to help veterans ease back into civilian life and respond to their mistakes. In this particular post, we’ll discuss the programs which can be used by veterans in Milwaukee.
Here is everything there is to know about criminal defense for military veterans in Milwaukee and other parts of Wisconsin.
Court Services for Veterans in Wisconsin
As with any other individual, when a veteran is charged with a crime, he or she must appear in court to defend him or herself against this crime. Like any average citizen, veterans can be found guilty or not guilty, and will be sentenced accordingly.
Where veterans differ from average citizens in the Wisconsin court system is the fact that they are extended a little more empathy and understanding. It’s understood by judges that veterans could be suffering from the many stresses of military life. There is an understanding that a veteran’s actions could be deeply affected by these stresses.
This is why, regardless of whether a veteran is found guilty or not guilty, he or she is offered additional assistance by the courts. The various Wisconsin Counties offer programs to help veterans who are suffering from mental health issues, addiction issues, or societal acclimation issues. These programs are provided as a way to get veterans back on track, ensuring that said veterans live within the law in the future.
Working with the County Veterans Services Officers and other agencies that support veterans, there are courts dedicated to truly rehabilitating prior and current military members.
Milwaukee Veterans Program
In the County of Milwaukee, a bevy of different organizations work together to ensure that veterans in the court system have all the assistance that they need.
Defense attorneys, the Department of Veteran Affairs, and the Milwaukee County District Attorney’s Office have worked together to establish the Veteran Treatment Initiative. This initiative allows for veterans to have their legal charges dismissed or reduced based on whether they meet specific criteria.
Often, the program will also provide mentors for veterans in the court system. These mentors will offer support and answer any questions that veterans may have.
In Need of a Criminal Defense Attorney in Milwaukee?
Are you a veteran who is being charged with a crime? Are you in need of a criminal defense attorney in Milwaukee who is experienced in working with veterans? If so, Hartley Pecora Law Offices has you covered.
Our team of attorneys has worked with dozens of veterans, helping them to navigate Wisconsin and Milwaukee’s unique court systems. Regardless of what you’re being charged with, we can and will assist you.
Contact us at your leisure. We’re available 24/7!
Whether you’re in Wisconsin or any other state, sexual assault is a serious offense. Because it’s a serious offense, it comes with serious penalties.
Sexual assault cases are not created equally. Different sexual acts are hit with different levels of charges. In Wisconsin, there are four forms of sexual assault: first degree, second degree, third degree, and fourth degree.
Have you been charged with sexual assault in Wisconsin? Here is everything you need to know about it.
Forms of Sexual Assault in Wisconsin:
First Degree Sexual Assault
The most serious form of sexual assault in the state of Wisconsin is first degree sexual assault. This form of sexual assault involves any unwanted sexual contact which results in serious injury or pregnancy. This type of sexual assault is often accompanied with the use of a deadly weapon.
The penalty for first degree sexual assault is either a Class A or Class B felony. A Class A felony is punishable by up to life in prison. This punishment is typically reserved for those who sexually and violently assault a child under the age of 13.
A Class B felony is punishable by up to 60 years in prison. This punishment is typically reserved for those who commit violent and sexual assault against an adult.
Second Degree Sexual Assault
Second degree sexual assault is a form of sexual assault which includes threats with a deadly weapon. Typically, the weapon is used as a way of coercing the offended party to have sex with the offender.
A person can also be charged with second degree sexual assault if he or she uses a position of power to perpetrate the offense.
In Wisconsin, second degree sexual assault is considered a Class C felony. A Class C felony is punishable by up to 40 years in prison. This penalty is levied regardless of whether a child or adult is assaulted.
Third Degree Sexual Assault
While third degree sexual assault isn’t quite as serious as first and second degree sexual assault, it’s still a very serious offense. Third degree sexual assault includes any situation in which an offender ejaculates, urinates, or defecates on a person as a means of sexual humiliation.
Third degree sexual assault is considered a Class G felony in the state of Wisconsin. It is punishable by up to 10 years in prison, and by fines of up to $25,000. It will also land perpetrators on the sex offender registry.
Fourth Degree Sexual Assault
The least heinous (yet still very serious) form of sexual assault is fourth degree sexual assault. This form of sexual assault includes any situation in which a perpetrator gropes or fondles a non-consenting individual. It doesn’t matter whether the assaulted individual is touched under or over clothing.
In the state of Wisconsin, fourth degree sexual assault is considered a Class A misdemeanor. A Class A misdemeanor is punishable by up to 9 months in prison, and by up to $10,000 in fines. Again, even for minor cases such as these, offenders can end up on the sex offender registry.
Hire a Reputable Defense Lawyer
If you’ve been charged with sexual assault, it’s highly recommended that you hire a defense lawyer. These charges are very serious, and can result in lengthy prison sentences.
If you’re looking for a reputable defense lawyer in the Milwaukee area, Hartley Pecora has got you covered. Our team of seasoned attorneys has defended clients in a bevy of sexual assault cases, and is well-equipped to defend you.
Contact us now—we are available 24/7.
When legal charges are levied against you, you’re best served by hiring a defense lawyer. A competent defense lawyer will have a deep understanding of the law, and will be able to minimize your legal penalties as much as possible.
However, not all defense lawyers are created equally. Not only do they specialize in different areas, they possess different levels of experience as well.
In order to choose the right criminal defense lawyer, you have to ask questions. Here are 7 questions to ask before hiring a criminal defense lawyer.
1. “Where Did You Attend Law School?”
When hiring a lawyer, you want to ensure that he or she has got a legitimate education on his or her side. While all lawyers are required to attend law school, some attend law schools which are more renowned than others.
Ensure that your prospective lawyer has attended an accredited law school before deciding to hire.
2. “How Long Have You Been Practicing Law?”
While young lawyers may be very good at what they do, you don’t want to risk your trial by hiring someone who’s inexperienced. For this reason, you need to ensure that your lawyer has years of experience under his or her belt.
A lawyer could have all of the knowledge in the world, but if he or she doesn’t possess real-world experience, he or she will not be able to represent you optimally.
3. “Are You Experienced in Defending Against My Charges?”
Not only do you want a lawyer with real-world experience, you want a lawyer who’s got experience in your particular type of case. A lawyer can only successfully defend you if he or she knows the ins and outs of your charges.
Before hiring a lawyer, make sure to ask whether or not he or she has participated in your particular type of case.
4. “Will You Be the Only Person Working on My Case?”
A question you must ask before hiring a defense lawyer is if he or she will be the only person working on your case. Some lawyers will use paralegals and other assistants to chip in on their cases.
This isn’t necessarily a bad thing, but it might not be your preference. Be sure that you’re comfortable with the working style of your lawyer.
5. “In What Manner Do You Typically Handle Your Cases?”
Different defense lawyers tend to handle their court cases in different manners. Whereas some lawyers look to settle with the prosecution, others look to get their clients off scot-free.
Inquire as to how your prospective lawyer typically handles his or her cases so that you know what to expect once the trial begins.
6. “In Your Opinion, What is Likely to Happen with My Case?”
A very important to question to ask your prospective lawyer before making a hire is what he or she expects to happen with your case. Does he or she think you can win? Does he or she think you will have to make a deal?
Try to find a lawyer whose mindset is in line with your hopes for the case. However, remember to also be realistic about the outcome.
7. “Can You Give Me an Estimate of the Fees for My Case?”
One last thing that you should be sure of before hiring a defense lawyer is what you’ll have to pay for his or her services. In most cases, lawyers charge by the hour. What they charge by the hour is based on their experience, popularity, and other such aspects.
You want to be sure of the approximate fees you’ll have to pay so that you don’t get hit with any surprising bills.
Hire a Criminal Defense Lawyer in Milwaukee
Are you looking for a reputable criminal defense lawyer in Milwaukee? If so, we here at Hartley Pecora Law Offices have got you covered.
Our team of lawyers has defended clients against charges of all kinds, from battery, to sexual assault, to drug possession, and much more. With years of experience on our side, we can handle anything that comes our way.
Contact us now, we are available 24/7!
You’ve just been pulled over by a police officer. As the officer is speaking to you, he begins to suspect that you are under the influence of drugs or alcohol. At this point, he insists on giving you a breathalyzer or field sobriety test.
While you may think that you can get away with drunk driving by refusing the test, you would be opening yourself up to even more severe legal consequences. This is because, in the state of Wisconsin, refusing to take a drug test is essentially admitting guilt.
Why is this, and what are the legal consequences of doing so? Here is everything you need to know about refusing a drug test while driving in Wisconsin.
Understanding Implied Consent
You might argue that having to take a drug test is taking away your ability to consent. After all, consent involves you willfully participating in something.
But, according to Wisconsin law, the very idea that you may be indulging in illegal substances is essentially a statement of consent. In legal terms, this is known as implied consent. In essence, if you’re suspected of indulging in illegal drugs, or if you’re operating a motor vehicle while under the influence, you’re legally required to participate in a breath, field sobriety, or drug test.
It doesn’t matter whether you’ve been arrested or not. If you don’t take a test when being told to, you are effectively breaking the law.
And it should be noted that, in many cases, refusing a drug test will actually carry harsher penalties than DUIs or OWIs.
Penalties For Refusing a Drug Test in Wisconsin
Refusing a drug test carries different penalties based on how many times you’ve refused a test. The more tests you refuse, the harsher penalties you’re subjected to.
If you refuse a drug test for the first time, you will have your driver’s license taken away from you for a full year. In addition, you will be forced to install an ignition interlocking device in your vehicle. This device requires that you blow in it before your car will start.
While you could potentially apply for an occupational driver’s license, there will be a 30-day waiting period before you can receive it.
If, by chance, you’ve got an individual under the age of 16 in your car while you’re refusing the test, these penalties can be doubled.
Refusing a drug test for the second time in 10 years will, as stated above, land you with even harsher penalties.
In this case, you will have your driver’s license taken away for two full years. You will also have an ignition interlocking device installed in your car.
Again, a 30-day waiting period will be initiated in order for you to secure an occupational driver’s permit. And again, penalties will be doubled if you have a child in your car at the time of refusal.
If you refuse a drug test for a third time in 10 years, you will be subjecting yourself to even harsher penalties.
Doing this will result in you having your license taken away for 3 full years. It will also ensure that you have an ignition interlocking device installed in your car for 3 years, preventing you from ever operating a motor vehicle while under the influence.
In this case, you will have to wait 120 days before applying for an occupational driver’s license. Again, having a child in your car at the time of refusal will result in a doubled sentence.
Charged With Refusing a Drug Test While Driving in Wisconsin?
If you’ve arrived at this page, there’s a reasonable chance that you yourself have been charged with refusing a drug test while driving in the state of Wisconsin. While the deed may already be done, there is still a chance for you to lessen the severity of your penalty.
To give yourself the best shot in court, you’ll need a stout legal defense. We here at Hartley Pecora are that legal defense.
Contact us today for a free consultation!
There are no two ways about it. Driving while under the influence is a bad decision. Not only is it incredibly dangerous to the driver and those in his or her proximity, but it also carries some fairly severe legal consequences.
Nonetheless, people continue to drive drunk. Perhaps you’ve even driven while under the influence? Maybe you’re facing legal consequences as a result of doing so?
If so, you’d probably like to know what’s ahead of you. These are the legal consequences of drunk driving in Wisconsin.
What Are the Intoxication Limits for an OWI in Wisconsin?
Every state has a slightly different definition of what constitutes an OWI. Like many states, Wisconsin’s limit for alcohol consumptionwhile operating a vehicle is a 0.08% BAC. This is for drivers of 21 years of age and older. If you’re at this BAC or higher while driving, you are eligible for an OWI charge.
Those who are intoxicated while driving, and who are under the age of 21 have a BAC limit of 0.02%. Of course, those who are intoxicated under the age of 21 are also breaking laws against underage drinking. They will receive penalties for both offenses.
If you’re operating a commercial vehicle, the BAC limit is 0.04%.
What are the Penalties for Drunk Driving in Wisconsin?
First time OWI offenders are not eligible for jail time unless, of course, they injure someone. They are, however, subject to fines of between $150 and $300.
In addition to fines, first-time offenders can also have their licenses suspended for between 6 and 9 months. However, they may also be allowed to apply for occupational driver’s licenses.
In the state of Wisconsin, OWIs are legally retained on a person’s record for 10 years. So, if a person acquires another OWI within 10 years of their last, they will be subject to even harsher penalties.
A second-time offender of the law can receive jail time from anywhere between 5 days and 6 months. In addition, second-time offenders can also be forced to pay fines between $300 and $1100.
As far as license suspension goes, second-time offenders can lose their licenses for between 12 and 18 months. Again, they may be able to secure occupational driver’s licenses during this time.
Also, second-time offenders will have their automobiles fixed with ignition interlocking devices. These devices are breathalyzers which require the driver to blow into them to ensure that he or she is not driving under the influence.
Third-time offenders of OWI laws in Wisconsin will receive even harsher penalties, being subjected to anywhere between 30 days to a year in prison. In addition, they can be required to pay fines between $600 and $2,000.
License suspension time for a third-time offender can range anywhere from 2 years to 3 years. Again, there is a possibility that a third-time offender will be able to secure an occupational license.
Like with second-time offenders, third-time offenders will have ignition interlocking devices installed in their vehicles.
Breaking OWI laws more than three times in Wisconsin won’t result in longer suspension times, but will in longer prison terms.
Fighting an OWI in the State of Wisconsin?
Have you been charged with drunk driving in Wisconsin? If so, you’re facing some fairly stiff penalties. In order to give yourself a fighting chance against these penalties, you’re going to need a top-notch legal defense on your side.
If you live in the Milwaukee area, Hartley Pecora is just the legal defense you’re looking for. Our team of attorneys has fought against many OWI charges, and knows exactly which measures must be taken in order to give defendants a fair shake.
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!
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