Just as with most other states, in the state of Wisconsin, disorderly conduct can be difficult to understand. There is a great deal of gray area in the law which can be left to a subjective ruling by a judge.
However, there are general guidelines for disorderly conduct in Wisconsin. Understanding these guidelines will help you to avoid, and to fight disorderly conduct charges.
What is Considered Disorderly Conduct?
Common Disorderly Conduct
Common disorderly conduct includes any situation in which a person is being violent, obnoxious, or inordinately loud to the point that it disturbs the public. Public nudity, domestic violence, and disobeying a police officer can all be considered disorderly conduct in certain situations.
Vagrancy laws are instituted to target those who loiter or distribute illegal goods in a public forum. Everyone from the homeless, to prostitutes, to illegal street salesman can be considered vagrants. Again, who is and isn’t considered a vagrant comes with a great deal of gray area.
Consuming Alcohol in a Public Area
Another form of disorderly conduct in Wisconsin is consuming alcohol in a public space. In the state of Wisconsin, you are only allowed to drink alcohol on private land, and in specially designated public areas. Imbibing alcohol on public transport or on the sidewalk is against the law.
Desecrating a United States Flag
While not all desecrating of the United States flag is illegal in Wisconsin, desecrating the flag in an effort to erupt violence is considered illegal. Again, this is a matter which is subject to a great deal of gray area.
Another form of disorderly conduct is the domestic dispute. While verbal altercations are not technically illegal, they can be considered illegal if they alarm the public in some way. For instance, if a neighbor is troubled by the screaming of his or her neighbors, disorderly conduct is technically being perpetrated.
What are the Penalties for Disorderly Conduct?
Common Disorderly Conduct
While it is subject to some variation, common disorderly conduct is generally classified as a Class B Misdemeanor. This entails penalties of up to 90 days in jail, and of up to $1,000 in fines.
Vagrancy is typically classed as a Class C Misdemeanor. A class C misdemeanor carries with it up to 30 days in jail, and up to $500 in fines.
Consuming Alcohol in a Public Area
Like vagrancy, consuming alcohol in public is typically designated as a Class C Misdemeanor. This means that you could face up to 30 days in jail, and up to $500 in fines.
Desecrating a United States Flag
If you desecrate a United States flag with the intent to cause violence and unrest, you will be subject to fairly harsh penalties. This is classed as a Class A Misdemeanor, entailing up to 9 months in jail with fines up to $10,000.
Domestic disorderly conduct which doesn’t involve violence will typically be classed as a Class B Misdemeanor. This can result in up to 90 days in jail with fines up to $1,000.
Have You Been Charged With Disorderly Conduct in Wisconsin?
If you’re on this page, there’s a decent chance that you’ve been charged with disorderly conduct in Wisconsin. If this is the case, you’re in need of reliable legal counsel. Fortunately, you’ve found it.
We here at Hartley Pecora are the premier defense lawyers in the Milwaukee area. Our knowledge and experience dealing with disorderly conduct cases will give you the best chance possible of defending yourself in a court of law.
Contact us for a free consultation! We are on your side.
When it comes to marijuana possession in the state of Wisconsin, there are two general charges existing. One is simple possession of marijuana. The other is marijuana possession with the intent to distribute.
Of the two charges, possession with the intent to distribute is a great deal more serious.
But what does his charge entail? What constitutes marijuana possession with the intent to distribute in Wisconsin? Let’s get into it.
What is the Difference Between Possession and Possession With the Intent to Distribute?
There is some gray area in the difference between simple marijuana possession and possessions with the intent to distribute, but there is most certainly a difference between the two offenses as well.
Simple possession typically entails having in your possession a small amount of marijuana. It is assumed that, because the amount is so small, there is no intent to distribute it.
Intent to distribute, on the other hand, suggests that anyone with a fairly large amount of marijuana in their possession only has that amount of marijuana because they’re intending to distribute it.
There is some subjectivity involved in the ruling when small amounts of marijuana are involved, but in general, a small amount of marijuana will land you with a simple possession charge while a large amount of marijuana will land you with an intent to distribute charge.
Penalties For Marijuana Possession with the Intent to Distribute in Wisconsin
200 Grams and Under
If you’re in possession of 200 grams or less of marijuana and you’re charged with intent to distribute, you will face a felony. Felony charges for this specific offense carry up to 3 ½ years in prison with fines up to $10,000.
200 Grams to 1,000 Grams
Possessing between 200 grams and 1,000 grams of marijuana with the intent to distribute will land you with much harsher penalties than possessing 200 grams or under of marijuana. Not only can you receive fines of up to $10,000, but prison time of up to 6 years.
1,000 Grams to 2,500 Grams
If you’re possessing 1,000 to 2,500 grams of marijuana with the intent to distribute, you’ll face penalties of up to 10 years in prison with fines of up to $25,000.
2,500 Grams to 10,000 Grams
The next possession bracket falls between 2,500 grams and 10,000 grams. If you possess and intend to distribute an amount of marijuana falling between these two figures, you could face up to 12 ½ years in prison with fines of up to $25,000.
10,000 Grams and Over
The largest possession bracket is 10,000 grams and over. If you are found in possession of this much marijuana, it will be assumed that you’re intending to distribute it. Penalties for this amount of marijuana include up to 15 years in prison, and up to $50,000 in fines.
On some occasions, if you’re found in possession of drug paraphernalia, you can be charged with intent to distribute. Penalties for this offense include up to 90 days in jail with fines of up to $1,000.
Fighting Charges on Marijuana Possession with the Intent to Distribute in Wisconsin?
If you’re facing charges on marijuana possession with the intent to distribute in Wisconsin, you’re at risk of some fairly harsh penalties. You would be best served by bringing in a lawyer to strengthen your legal defense.
If you live in the Milwaukee area, the Hartley Pecora Law Offices are legal team need to turn to. We are well-versed in fighting for our clients against drug accusations, and will work with you to deliver the best possible outcome for your case.
Contact us for 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!
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!
Ever wondered about being placed on a formal probation, for the felony committed, and in exchange for your guilty plea?
Maybe you breathe a heave a sigh of relief for getting off easy, however, this might prove to be wrong. To be honest, while a felony probation is better than being in prison, it is still a punishment and at times, it becomes very challenging.
So what makes felony prison challenging?
Here is a list of considerations attached to felony probation and which you might not know.
A charge of a felony is generally an accusation levied on people who have allegedly committed a severe offense or crime. The illegal or criminal acts are divided into three major groups; petty offenses, misdemeanors, and felonies.
So what are felonies?
When a person is charged with a felony, it shows that the person is indicted for committing various crimes which may include but are not limited to the following;
So is important to get the help of a lawyer when charged?
A felony is nothing less than a solemn criminal act so if you are charged with any of these charges, it is recommended to immediately search for a qualified criminal defense attorney, having years of experience.
The punishments for felonies are severe and only a professional and competent lawyer understands how laws related to these charges, operates. So if you get the assistance of a professional you are more likely to have your name cleared.
People who are found guilty may be sentenced to at least a year in national or local prison. However, if a person is found guilty of any other potential offenses such as robbery, murder, rape or violence, he/she might even receive a life imprisonment including the death sentence. Indeed, the laws and punishments related to each state vary.
In countries such as the United States, there are various classes of felonies. Besides, if a person is charged with committing a felony, he/she may lose the rights of citizenship or in the case of an unlawful resident of the country, the person may get deported immediately.
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