Tag: Wisconsin lawyer

Many states across the country have taken steps to legalize marijuana for personal use. However, it is vital to note that Wisconsin is not among these states. Wisconsin drug laws strictly prohibit the use, possession, and sale of marijuana and associated paraphernalia. Furthermore, driving under the influence of marijuana can result in severe penalties, especially after multiple convictions.

Understanding Wisconsin’s marijuana and driving laws can help you know what steps to take if you are facing drugged driving charges. Working with an experienced Wisconsin defense attorney can help maximize your chances of avoiding the harshest penalties.

 

What Are the Penalties for Marijuana Possession in WI?

In Wisconsin, marijuana possession is considered a criminal offense, and the state imposes some of the harshest penalties in the country. The penalties are as follows:

  • For a first offense, possession is considered a misdemeanor, punishable by up to 6 months in jail and a maximum fine of $1,000.
  • For second and subsequent offenses, possession is a felony, with potential penalties of 3.5 years in prison and fines of up to $10,000.
  • Possession of more than 200 grams of marijuana is considered possession with intent to sell, which carries a potential 15-year prison sentence and up to $50,000 in fines.

 

How Does Wisconsin Law Define Drugged Driving?

It is illegal in Wisconsin to operate a motor vehicle while under the influence of drugs, including marijuana. The law prohibits driving or operating a vehicle while:

  • Under the influence of any drug to a degree that renders the person incapable of safe driving
  • With any detectable amount of a restricted controlled substance in their blood

For marijuana, any amount over one ng/mL of THC in the blood can lead to an Operating While Impaired (OWI) charge.

 

What Are the Penalties for Drugged Driving in WI?

The penalties for an OWI drug conviction in Wisconsin depend on the number of prior offenses and any aggravating factors. In general:

  • A first OWI offense is a civil violation with potential fines of $150-$300.
  • A second offense within ten years is a criminal misdemeanor with up to 6 months of jail time and a license revocation of one year to 18 months, as well as fines of up to $1100.
  • A third offense is a misdemeanor with up to one year of jail time and a license revocation of up to three years, as well as fines of up to $2,000.
  • Fourth and subsequent offenses are felonies with up to six years of prison time, a license revocation of up to three years, as well as fines of up to $10,000

 

How an Attorney Can Help 

Working with an experienced Wisconsin marijuana defense attorney can maximize your chances of success in your case by:

  • Challenging the legality of law enforcement’s search and seizure
  • Questioning the accuracy of sobriety tests
  • Negotiating a plea bargain for lesser charges

 

Get Legal Help Today

If you’ve been arrested for or charged with marijuana possession or OWI, the skilled and knowledgeable attorneys at J. Kippa Law, LLC, understand how much your future depends on a solid legal defense. With us on your side, you can feel confident about the path forward. Call us today at (920) 733-1100 or contact us online for a confidential meeting with an attorney.

Wisconsin’s legislative framework categorizes sexual assault into different degrees based on the severity of the offenses. Wisconsin’s sexual assault laws encompass a range of offenses, including first-degree and second-degree sexual assault, as well as third-degree sexual assault, which specifically addresses cases involving minors. Each degree carries its own set of punishment guidelines, considering factors such as force used, the age of the victim, and the relationship between the victim and the perpetrator.

Sexual Assault Penalties in Wisconsin

In Wisconsin, sexual assault charges are divided into different degrees, each carrying its own set of penalties.

First Degree Sexual Assault:

First-degree sexual assault is the most serious category of sexual assault offenses in Wisconsin. It involves sexual contact or sexual intercourse with another person without consent that results in pregnancy, causes the victim great bodily harm, involves use of weapon, and involves force or coercion. First-degree sexual assault is classified as a Class B Felony, carrying penalties of up to 60 years in prison and fines of up to $100,000.

Second Degree Sexual Assault:

Second-degree sexual assault includes acts of sexual contact or sexual intercourse without consent, but under circumstances that do not fall within the criteria for first-degree sexual assault. This can involve instances where the victim is coerced, threatened, or incapacitated. Second-degree sexual assault is considered a Class C Felony, which carries potential penalties of up to 40 years in prison and fines of up to $100,000.

Third Degree Sexual Assault:

Third degree sexual assault is sexual intercourse that occurs without consent that occurs along with excretion of bodily fluids on the victim. Third-degree sexual assault is a Class G Felony. If found guilty of this offense, individuals may face imprisonment for up to 10 years and fines of up to $25,000.

Fourth Degree Sexual Assault:

Fourth-degree sexual assault encompasses cases where there is inappropriate sexual contact without the consent of the victim. This degree involves actions such as unwanted touching, groping, or fondling. Fourth-degree sexual assault is typically charged as a Class A Misdemeanor. Convictions can lead to imprisonment for up to nine months and fines not exceeding $10,000.

Factors that Affect Sexual Assault Penalties in Wisconsin

Aggravating factors in sexual assault cases are circumstances that worsen the offense and can lead to more severe charges and penalties. Here are some common examples:

  • Use of a weapon
  • Multiple victims
  • Age of the victim

On the other hand, mitigating factors can decrease the severity of sexual assault charges and penalties. These factors take into account specific circumstances that may reduce the culpability of the offender or indicate an opportunity for rehabilitation. Some common mitigating factors include:

  • Lack of prior criminal history
  • Cooperation with law enforcement
  • Accountability and rehabilitation efforts

Consent and Sexual Assault in Wisconsin

Wisconsin law defines consent as explicit agreement given voluntarily by each participant involved in a sexual act. Consent should be informed, ongoing, and freely given without coercion or manipulation. It is important to note that individuals who are incapacitated due to intoxication, drugs, age, mental incapacity, or unconsciousness cannot provide consent.

In cases involving sexual assault, the presence or absence of consent plays a central role in determining charges and penalties. If a person engages in sexual activity without obtaining clear and voluntary consent from the other party, it can result in criminal sexual assault charges.

Other Considerations in Sexual Assault Cases in Wisconsin

Sexual assault cases are taken very seriously in Wisconsin, with prosecutors working diligently to build strong cases against the accused. Once a report is filed, an investigation is initiated, evidence is gathered, and testimonies from both the victim and any witnesses are collected.

Victim impact statements play a vital role during sentencing hearings in sexual assault cases. These statements offer survivors an opportunity to share their personal experiences, the emotional and psychological impact of the assault, and how it has affected their lives. By giving survivors a voice, these statements provide the court with a deeper understanding of the harm caused and help guide sentencing decisions. These statements empower survivors to express their feelings, fears, and hopes for their own healing process while allowing the court to consider the long-term consequences of the assault on the victim’s well-being.

Megan’s Law, officially known as the Sexual Offender Registration and Community Notification Laws, plays a significant role in Wisconsin’s handling of sexual assault cases. This law requires convicted sex offenders to register their personal information, including their address and other details, with local law enforcement agencies. This information may be made available to the public, taking into account the level of risk posed by the offender.

Consult With a Criminal Defense Attorney Experienced in Defending Sexual Assault Cases

In conclusion, the severity of sexual assault and its lasting impact on survivors cannot be overstated. If you or someone you know is facing allegations of sexual assault in Wisconsin, it is crucial to seek immediate legal assistance from an experienced criminal defense lawyer. They will protect your rights, provide support, and guide you through the legal process. Don’t go through this alone; take action and contact a trusted law firm today to ensure justice is served.

 

Your attorney's experience can make all the difference when your future is on the line. Learn how attorney Jeffrey Kippa can help you move forward.

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