Misdemeanors are less serious criminal offenses than felonies. Wisconsin classifies misdemeanors as Class A, B, or C. A Class A misdemeanor carries a maximum penalty of nine months in jail and a $10,000 fine.
Felonies are classified from Class A through Class I and carry more severe penalties. Depending on the offense, a felony conviction can result in imprisonment, substantial fines, or even life imprisonment.
You generally do not have to answer questions about an alleged crime. You can identify yourself when legally required and clearly state that you want to speak with an attorney before answering investigative questions.
Even statements intended to explain your innocence can be used as evidence. Avoid discussing the allegations with investigators before consulting a criminal defense lawyer.
Yes, hiring a criminal defense attorney is advisable even if you believe you are innocent. Criminal charges can arise from mistaken identification, unreliable witness statements, or incomplete investigations.
An attorney can examine the prosecution’s evidence, identify weaknesses in the allegations, challenge improper procedures, and present evidence supporting your defense.
Your first court appearance generally involves being informed of the charges against you and addressing bail or bond conditions. The court may also schedule future hearings and address your right to legal representation.
In misdemeanor cases, an initial appearance may include entering a plea. Felony cases generally proceed through additional stages, including a preliminary examination when required. Your guilt or innocence is not ordinarily decided at the initial appearance.
The cost of hiring a criminal defense attorney depends on the charges, complexity of the evidence, anticipated court proceedings, and whether the case goes to trial.
Some attorneys charge flat fees, while others use hourly billing arrangements. Additional expenses may include expert witnesses or investigation costs. Ask about the fee agreement and potential expenses before hiring an attorney.
Some Wisconsin criminal convictions qualify for expungement under Wis. Stat. § 973.015. Eligibility generally depends on your age when the offense occurred, the seriousness of the offense, and whether you successfully complete your sentence.
Expungement is not available for every conviction. For convictions governed by the traditional statutory procedure, the court generally must order expungement eligibility at sentencing. Expungement also does not necessarily erase every government record of the case.
A standard first-offense operating while intoxicated (OWI) violation in Wisconsin is generally a civil forfeiture rather than a criminal offense.
However, certain circumstances can result in criminal charges. For example, a first OWI involving a passenger younger than 16 can carry criminal penalties. Causing injury while operating under the influence may also lead to criminal charges.
A high blood alcohol concentration can increase penalties without automatically making a standard first-offense OWI a crime.
Wisconsin generally uses a lifetime lookback period for counting prior OWI convictions when determining penalties for repeat offenses. However, specific counting rules and exceptions apply.
For example, a second offense may be treated differently if the only prior qualifying offense occurred more than 10 years earlier. Prior convictions from other states may also count under Wisconsin law.
You can physically refuse an evidentiary breath or blood test, but refusal can carry separate consequences under Wisconsin’s implied consent law.
An unlawful refusal can result in driver’s license revocation and other penalties, even if you are not ultimately convicted of OWI. You generally have 10 days after receiving a notice of intent to revoke to request a refusal hearing.
The rules governing preliminary roadside breath tests differ from those governing evidentiary chemical tests.
Not necessarily, but an OWI arrest can lead to administrative license suspension or revocation, separate from any penalties imposed after a conviction.
For example, certain chemical test results can trigger an administrative suspension. Refusing a required chemical test can also lead to revocation proceedings. The deadlines for challenging these actions can be short, so prompt legal advice is important.
Yes. Wisconsin’s domestic abuse law covers certain conduct that does not result in visible injuries, including intentional threats of physical harm and specified forms of unlawful physical contact.
Domestic abuse is not a single, standalone criminal offense in Wisconsin. Instead, conduct such as battery, disorderly conduct, or criminal damage to property may be prosecuted in a domestic abuse context.
Wisconsin law generally imposes a 72-hour no-contact restriction following a domestic abuse arrest. During that period, the arrested person generally must avoid contacting the alleged victim and stay away from the victim’s residence.
The alleged victim may waive the statutory restriction in writing. However, separate bail or bond conditions may still prohibit contact. Violating an applicable restriction can lead to additional criminal charges.
Misdemeanor battery generally involves intentionally causing bodily harm without the other person’s consent.
Felony battery offenses involve additional elements or more serious injuries. For example, substantial battery involves causing substantial bodily harm, while aggravated battery can involve great bodily harm and specific levels of intent.
The severity of the injury and the circumstances of the incident help determine the applicable charge.
Drug possession generally involves knowingly possessing a controlled substance without legal authorization. Drug trafficking-related offenses involve conduct such as manufacturing, delivering, or possessing controlled substances with intent to deliver.
Prosecutors may consider the amount of drugs, packaging materials, communications, scales, cash, and other evidence when deciding which charges to pursue.
Actual possession generally means a controlled substance is physically on your person or otherwise in your immediate physical custody.
Constructive possession can exist when someone knowingly exercises control over drugs without physically holding them. For example, drugs discovered in a vehicle or residence may raise questions about who knew they were present and who controlled them.
Simply being near drugs does not automatically establish possession.
Yes. Depending on the offense, criminal history, and county, alternatives may include diversion programs, treatment courts, probation, or substance abuse treatment.
Some programs allow eligible participants to obtain reduced charges or dismissals after successfully completing required conditions. Availability and eligibility vary by jurisdiction and individual circumstances.
Many sexual assault convictions in Wisconsin require registration as a sex offender under Wis. Stat. § 301.45. However, registration is not mandatory for every sexual offense.
Whether registration is required depends on the specific conviction and applicable statutory provisions. The registration period also varies, and certain offenses can result in lifetime registration.
Yes. Wisconsin has different statutes of limitations for sexual assault offenses, and some serious offenses have no filing deadline.
For example, first-degree sexual assault and certain sexual offenses involving children can be prosecuted without a statute of limitations. Other offenses have specific filing deadlines that may be extended under certain circumstances.
The applicable deadline depends on the alleged offense, when it occurred, and the law governing that offense.
A retraction does not automatically result in criminal charges being dismissed. The prosecutor, not the person making the allegation, decides whether to continue pursuing the case.
However, a retraction can affect the strength of the prosecution’s evidence, particularly when the allegations rely heavily on the accuser’s statements. Prosecutors may still proceed if other evidence supports the charges.
CHIPS stands for Child in Need of Protection or Services. In Wisconsin, a CHIPS case is a civil juvenile court proceeding under Chapter 48 of the Wisconsin Statutes, not a criminal prosecution.
These cases can involve allegations of child abuse, neglect, inadequate care, or other circumstances affecting a child’s safety and welfare.
Although CHIPS proceedings are civil matters, the same underlying allegations can sometimes lead to separate criminal charges.
A CHIPS case can result in court-ordered services, supervision, counseling, parenting classes, or other requirements intended to address concerns about a child’s safety.
Depending on the circumstances, the child may remain at home under court supervision or be placed with a relative, foster family, or another approved caregiver.
A CHIPS proceeding can also affect parental responsibilities and may precede separate proceedings involving the termination of parental rights.
Yes. Although CHIPS proceedings and criminal prosecutions are separate, information from one case can sometimes affect the other.
For example, statements made during a CHIPS investigation or testimony given in juvenile court may become relevant to a related criminal investigation. Parents facing both proceedings should speak with an attorney about how their statements and legal decisions could affect each case.
A temporary restraining order (TRO) provides short-term protection while the court considers whether to issue a longer-lasting injunction. A TRO can sometimes be issued without the other party present.
An injunction generally follows a court hearing at which the parties have an opportunity to present evidence. Depending on the type of injunction and applicable law, it may remain in effect for several years or longer.
Wisconsin has different procedures for domestic abuse, harassment, child abuse, and other protective orders.
Violating certain restraining orders or injunctions in Wisconsin can result in criminal charges, fines, and jail time.
Even if the protected person initiates contact or agrees to communicate, that does not necessarily make otherwise prohibited contact lawful. Only the court can modify or terminate its order.
The consequences depend on the type of order, its specific restrictions, and the circumstances of the alleged violation.
Eisenberg Law Offices, S.C. brings more than 140 years of combined legal experience to its work representing clients in Wisconsin. Our attorneys handle criminal matters involving OWI, drug offenses, domestic violence, battery, sexual assault, and other serious allegations.
We can examine the evidence, challenge the prosecution’s allegations, explain your options, and represent you in court. Our goal is to pursue the strongest available defense based on the facts of your case. Contact us at (608) 602-7210.
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