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Appleton Wisconsin Criminal Law Blog

Understanding the Different Types of Property Crimes in Wisconsin

Have you ever wondered what exactly constitutes a property crime? Many criminal offenses fall under this category, from theft and burglary to arson and vandalism. Understanding these crimes’ legal definitions, penalties, and consequences can be crucial in understanding your rights.

Types of Property Crimes in Wisconsin

Many view property crimes as lesser criminal charges with minimum consequences. Some view them as a joke or prank and something easy to get away with. Wisconsin is actually ranked as one of the lowest states for property crimes, with an estimated 1,500 out of 100,000 people affected. Even so, if found guilty of a property crime, the consequences can range from a misdemeanor to a felony charge.

Arson

Arson is the willful, intentional, and malicious destruction of property by fire and is a Class C Felony in Wisconsin. It also includes placing explosives in or near another person’s property. The penalties for arson can be very severe and may incur a prison sentence of up to 40 years and a fine of up to $100,000.

Burglary

Burglary is the unlawful entry into a structure intending to commit a crime, for example, breaking into a home to steal something. It could also apply to mobile homes, boats, train cars, or other commercial buildings. In Wisconsin, The penalties for burglary depend on several factors. For example, were you armed when you entered the structure? Was anyone home? Did you commit battery? While all of these add to the severity of a Burglary charge, it is always a serious crime. If you are found guilty of burglarizing a home or business, it will likely be a felony.

Theft/Motor Vehicle Theft

Larceny, or theft, is one of the most common property crimes. It involves taking another person’s property without their permission and intending to deprive them of its use permanently. This includes shoplifting, pickpocketing, and embezzlement. The penalties for theft in Wisconsin can range from a misdemeanor to a felony charge.

Motor vehicle theft can be more severe and occurs when the defendant intends to permanently take and use a car without the owner’s consent. State law also says that unless the car is worth less than $2,500, theft of the vehicle is considered a felony.

Shoplifting

Shoplifting is a property crime where someone takes merchandise from a store without paying for it. Shoplifting is a crime in all 50 states and can be punishable by fines, jail time, or both. The penalties for shoplifting depend on the value of the merchandise taken and even the offender’s criminal history. It can be either a misdemeanor or a felony in Wisconsin.

Vandalism

Vandalism is defined as intentionally damaging someone else’s property. This can mean anything from spray painting graffiti on a wall to smashing a window. The penalties for vandalism depend on the monetary amount of damages incurred. If it was less than $2,500, it was a misdemeanor, and if it was more, it was a felony.

No matter what property crime you are charged with, there are levels of severity. It is wise to contact an attorney with experience in property crimes to defend your case and answer any questions you may have before facing the prosecution.

Building A Strong Defense Against Domestic Violence Charges

Domestic violence charges can have devastating consequences, not just for the accused but also for their loved ones. Once charged, it can be challenging to shake off the stigma and navigate the legal system. Building a strong defense is crucial if you want to protect your future and clear your name.

Domestic Violence Charges In Wisconsin

Depending on the circumstances of the incident, domestic violence may be considered a non-criminal citation, a misdemeanor, or a felony offense accompanied by significant penalties. In Wisconsin, there is no such thing as a domestic violence conviction. Instead, you may instead be charged with battery, disorderly conduct, strangulation, or other crimes that may apply to domestic violence situations.

Consequences for these charges range from a few months in prison to up to 15 years in prison and fines of up to $50,000. With stakes this high, crafting a robust defense against domestic violence charges is essential, so it’s important to do so in collaboration with an experienced domestic violence attorney.

Common Defenses Against Domestic Violence Charges

If you have been accused of domestic violence, remember that you are presumed innocent until proven guilty. Your charges may be dropped or dismissed if there is insufficient evidence to prove your guilt beyond a reasonable doubt. Domestic violence defense is not one-size-fits-all, but the following defense strategies have proven successful in many Wisconsin domestic violence cases:

  • Didn’t Do It: If your attorney can establish that you were not at the scene of the injury when the incident occurred, your charges will be dropped.
  • Self-defense: Self-defense can be claimed if you reasonably believed that you or someone else was in imminent danger of bodily harm and that using force was necessary to prevent that harm.
  • Accidental Injury: If you acted without intending to cause harm and did not act recklessly, your attorney may advise you to claim that the injury(s) occurred accidentally.
  • False Accusation: You may also be able to demonstrate to the prosecution that the alleged victim falsely accused you in vengeance or because of a vendetta.
  • Law Enforcement Errors/Misconduct: If law enforcement made investigative errors such as incomplete reporting, failure to collect physical evidence at the scene, or lack of probable cause to conduct a search or interrogation, your lawyer may assert that charges cannot be brought against you.

Your criminal defense attorney will review all of the evidence and help you determine which defense strategy is appropriate for your case.

The Stakes Are High In Domestic Violence Cases. Contact An Experienced Wisconsin Criminal Defense Attorney Today.

Your strongest defense strategy is your decision to work with an experienced criminal defense lawyer. Your attorney will be familiar with the domestic violence laws in Wisconsin and can ensure that your rights are protected throughout the legal process. They will negotiate with prosecutors on your behalf, potentially getting the charges against you reduced or even dropped altogether. In some cases, they may also be able to get a restraining order lifted or modified so that you can have contact with your family again.

Don’t try to go through these life-changing charges alone – an experienced domestic lawyer can make all the difference in the outcome of your case.

3 FAQs About Wisconsin’s Sex Offender Registry

If you have been convicted of a sex crime in Wisconsin, you will most likely have to register as a sex offender on the state’s registry. The sex offender registry is a public resource, which means that law enforcement, current or potential employers, or any other member of the general public can view offenders’ sex crime convictions and whereabouts.

If you have been charged with a sex crime, an experienced sexual assault lawyer may be able to help you avoid consequences such as prison, fines, and sex offender registration. Sex offender registration is a serious social and legal consequence of sex crime convictions, but what exactly is the sex offender registry?

What Is The Sex Offender Registry?

The Wisconsin Sex Offender Registry is housed online and can be accessed by any member of the general public. Typically, registration includes offenders’ identifying information, terms of probation or supervision, a brief description of sex crime convictions, vehicle information, and employment details.

Some apps and websites, such as Family Watchdog, allow users to search for sex offenders by location and can show your residential address relative to schools and other nearby offenders.

What Are Some Of The Consequences Of Sex Offender Registration?

Given that registration details are so easily accessible, employers may use the database to determine your eligibility for certain jobs. While employment discrimination based on your criminal background is technically not permitted in most cases, in practice, many employers still check the sex offender registry before proceeding with a hire.

Sex offender registration may also limit housing opportunities. In many states, registered sex offenders cannot reside near schools, parks, playgrounds, or daycare centers. Depending on the circumstances of the conviction, housing may also be restricted near nursing homes, places of worship, or certain residences. Sex offenders currently living near these locations when convicted may have to relocate as a result of their conviction.

One of the most severe consequences of sex offender registration is social stigmatization. Even if you are not convicted, sex crime charges may be accompanied by similar social consequences. Friends and family members may distance themselves, and exclusion from social clubs or community events is not uncommon for those charged with a sex crime.

What Sex Crimes Require Sex Offender Registration? 

Some sex crime convictions require sex offender registration, while others do not. In Wisconsin, crimes that require sex offender registration include:

  • First, second, or third-degree sexual assault of an adult
  • First or second-degree sexual assault of a child
  • Repeated acts of sexual assault of the same child
  • Sexual exploitation by a therapist
  • Sexual exploitation of a child
  • Child trafficking
  • Forcing a child to be exposed to sexual activity
  • Incest involving a child
  • Child enticement
  • Using a computer to commit a child sex crime
  • Soliciting a child for prostitution
  • Child pornography possession

Your best option to combat the employment, housing, and social discrimination that accompanies sex offender registration is to retain a lawyer to help prove your innocence in court. An experienced sex crimes attorney will fight aggressively to protect your rights and demonstrate to the judge and jury that you do not belong on the sex offender registry.

Remain Polite, Yet Reserved, During a Traffic Stop

Dinner with friends is over, so you get in your car and set your GPS for home. You start your engine, buckle your seatbelt, and head down the road. Suddenly, you see flashing police lights in your rearview mirror. You quickly make your way to a side street and stop your car.

You fear the worst when the officer gets out of their car and starts walking toward you. Why did they pull me over? What questions will they ask? Will they know I had a drink at dinner?

Be Polite, But Don’t Overshare

Traffic stops can be a nerve-wracking experience, especially if you have been drinking. But, regardless of what led them to turn their sirens on, your interaction with the officer who pulled you over can influence the outcome of the stop.

When speaking with law enforcement, always comply when requested to hand over your driver’s license, vehicle registration, and proof of insurance. Even though you may be upset at the prospect of a traffic ticket, observing basic social courtesies such as saying “please” and “thank you” can ease your interaction with the officer.

That said, you have a solid legal ground to stand on if you refuse to answer further questions the officer may ask.

If an officer asks you a question you are uncomfortable answering, you have the right to decline to respond. However, answering an officer’s questions at a traffic stop could lead to accidental self-incrimination. You do not want to say anything that could make the officer suspicious, and in most circumstances, sharing as little as possible is your best course of action.

Law enforcement is responsible for keeping a record of the traffic stop, and if you tell them that you have been drinking, your statement may even lead to DUI charges.

Exercise Your Right to Remain Silent

Even if you may not feel intoxicated after having one or two drinks before getting behind the wheel, you may unknowingly surpass the legal limit of .08% BAC. It is important to remember that you do not need to tell the officer that you have been drinking – even if they ask you directly.

The U.S. Constitution protects you from giving testimony that could incriminate you, and you should exercise this right when pulled over. If the officer asks you if you have been drinking or any other seemingly harmless question, calmly inform the officer that you will exercise your right to remain silent.

What Is The Difference Between OWI and DUI?

Drunk driving charges are addressed differently depending on the state in which you are charged. In Wisconsin, these charges are referred to as OWI offenses. Penalties for OWI offenses can be severe depending on the circumstances of your arrest, so it is essential to consult with skilled legal counsel to help minimize these negative outcomes.

Throughout the United States, OWI convictions are commonly referred to as DUIs – Driving Under the Influence of an Intoxicant. Wisconsin statutes refer to these chargers with the acronym OWI – Operating A Vehicle While Intoxicated.

Unlike some DUI convictions, you may be subject to an OWI arrest even if the vehicle you are operating is not moving. This distinction is part of the reason why Wisconsin uses the OWI acronym instead of DUI. This subtle difference means that you could face drunk driving penalties even if you were parked or stopped at a light.

A related charge – Operating With a Prohibited Alcohol Concentration (PAC) – often accompanies OWI and applies to any test result being over .08. For defendants with three prior OWI/PAC convictions, the legal limit is .02.

Drunk Driving Penalties in Wisconsin

Drunk driving consequences vary depending on your BAC and the number of prior OWI offenses. Because penalties escalate with each repeat offense, it is important to hire a skilled OWI attorney that can help get your charges reduced or even dropped the very first time you are arrested. The degrees of OWI penalties in Wisconsin are as follows:

  • First time OWI offenders may face fines of $150 to $300. If convicted, your license may be suspended for 6 to 9 months.

  • Second time OWI offenders may face fines of $300 to $1100. Depending on the circumstances of the arrest, you may also be ordered to spend between 5 days to 6 months in jail. Second time offenders will also have their license suspended for 12 to 18 months.

  • Third time OWI offenders may face up to $2000 in fines and spend up to 12 months in jail.

Penalties are higher for Aggravated OWI charges, which are pursued by the prosecution on the basis of:

  • BAC was 0.15 or higher at the time of your arrest

  • BAC was over the legal limit and you caused injury or death

  • Multiple previous OWI convictions

  • A minor was a passenger in the vehicle while BAC was above the legal limit

OWI offenses will also stay on your driving record, which will cause your insurance rates to increase. You may also be ordered to complete community service hours and/or take Drunk Driving or Alcohol Awareness classes at the judge’s discretion in addition to criminal penalties such as jail time and fines.

Accused of an OWI or DUI in Wisconsin? An experienced OWI Attorney will protect your rights and fight to see that your charges are reduced or even dropped.

The End of Federal Crack and Powder Disparities

This is an important development in criminal justice reform, but it does nothing to eliminate this severity at the state level. Drug charges of any kind need an aggressive defense.

https://www.cnn.com/2022/12/16/politics/crack-powder-cocaine-sentencing-disparities/index.html?utm_source=The+Marshall+Project+Newsletter&utm_campaign=0c8fb3baf0-EMAIL_CAMPAIGN_2022_12_19_12_11&utm_medium=email&utm_term=0_5e02cdad9d-0c8fb3baf0-%5BLIST_EMAIL_ID%5D

Can You Drive After Marijuana Use in Wisconsin?

Although certain cities in Wisconsin have decriminalized the recreational use of marijuana, it is still not legal to drive under the influence of the drug anywhere in the state. If you are caught doing so, you could face severe penalties such as fines, license suspension, and even jail time.

The Effects of Marijuana

Driving while under the influence of any substance is dangerous, especially marijuana. It can impair a person’s coordination, distort perception, impair judgment, slow reaction time, and reduce the ability to make sound decisions. These side effects while driving could be life-threatening for you, a passenger, another driver, or even pedestrians.

The Penalties

If you are caught driving under the influence of marijuana, a police officer will take you through a series of tests and questions. Then, if the officer deems it necessary, they may request that you submit to a chemical test. If the chemical test states that you have marijuana in your system, you could face up to a $1000 fine, license revocation, or even jail time.

If you are under investigation for driving under the influence of marijuana, you should speak to a skilled criminal defense attorney as soon as possible. Lawyer Jeffrey Kippa and his team have over 30 years of combined experience defending clients against drug crime charges in Green Bay, Oshkosh, and Appleton, Wisconsin. Contact J. Kippa Law, LLC today at 920-383-3423 to schedule your free consultation, discuss your unique situation, and address your concerns.

The Super Lawyer You Are Looking For

The best way to obtain the desired outcome for your case is by hiring an attorney who will fight relentlessly for you. A Super Lawyer is your best option.

What Is a Super Lawyer?

The process for selecting Super Lawyers is complex; it is done by “a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations.” Hiring a Wisconsin Super Lawyer to defend your case could help you achieve the outcome you are longing for.

Our Very Own Super Lawyer

Our firm is home to the Super Lawyer Jeffrey Kippa. Jeffrey is a decorated and compassionate criminal law attorney who boasts many accomplishments. Kippa states, “Simply put, I try to put myself in my client’s shoes, to understand their fears, frustrations, and concerns.” He has been named a Rising Star by Super Lawyers in years past and continues to astound the legal community each year.

Contact Super Lawyer Jeffrey Kippa for the defense you deserve.

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