Eau Claire Criminal Defense Blog

Although cases of sexual assault usually involve adult perpetrators, juveniles can also commit conduct that would constitute sexual assault under Wisconsin criminal law. In certain cases, this may lead to criminal charges of sexual assault. Wisconsin’s Sexual Assault Laws Wisconsin’s sexual assault statute makes it illegal to have sexual contact or intercourse with another person without their consent, including through the use or threat of use of a dangerous weapon or an act of violence, with a person temporarily or permanently incapable of giving consent when the perpetrator knows about the person’s incapacity, with a person under the influence of drugs or alcohol to the degree they cannot give consent, or with an unconscious person. A person also commits sexual assault if they engage in sexual contact or intercourse with a patient, inmate, parolee, probationer, or detainee under the person’s supervision. The law defines “consent” as words or overt actions by a person competent to give informed consent that indicate a freely given agreement to participate in sexual contact or intercourse. Can Prosecutors Charge Juveniles as Adults? All 17-year-olds are automatically charged in adult criminal court. A juvenile, someone under the age of 17, can engage in conduct that, if committed by an adult, would constitute sexual assault under Wisconsin law. By default, a juvenile who commits sexual assault will face prosecution in Wisconsin’s juvenile justice system. However, prosecutors can charge juveniles as adults and try them in criminal court under certain circumstances. Prosecutors can seek a waiver of jurisdiction – which transfers a case from juvenile court to adult criminal court – for any 15 or 16-year-old or for 14-year-olds charged with conduct that, if committed by an adult, would constitute first- or second-degree sexual assault. A court can grant a waiver if it finds that a case has prosecutive merit and clear and convincing evidence demonstrates that keeping jurisdiction in juvenile court would not serve the juvenile’s or the public’s best interests. Once waived to adult criminal court, juveniles charged with sexual assault will face the same potential criminal penalties as adults charged with sexual assault. Penalties for Juveniles Convicted of Sexual Assault A minor adjudicated of having committed sexual assault in juvenile court may face various dispositions focused on rehabilitating rather than punishing the juvenile. Potential consequences of a juvenile adjudication include: Juvenile detention Probation Counseling Fines Restitution Community service In adult criminal court, penalties for a sexual assault conviction vary depending on the grading of the offense. For example, first-degree sexual assault carries a penalty of up to 60 years in prison, while second-degree sexual assault carries a penalty of up to 40 years in prison. In both juvenile and adult criminal court, juveniles convicted of sexual assault may also face sex offender registration requirements, which include the obligation to report to law enforcement regularly. Contact a Sex Crimes Attorney Today If your child has been charged with sexual assault, a sex crimes defense attorney can help you protect their rights, reputation, and future. Contact Cohen Law Offices, LLC, today at (715) 514-5051 for a confidential consultation to discuss your family’s legal options with a knowledgeable Wisconsin criminal defense lawyer .

In Wisconsin, individuals can obtain restraining orders in a wide range of situations that subject them to physical or emotional harm. For example, a person can obtain a restraining order outside the domestic context. These broad laws mean that many criminal defendants might find themselves the subject of such an order. Wisconsin Laws Governing Restraining Orders  Wisconsin has four types of restraining orders. Each type of order has different rules regarding who may obtain the order and the standards under which a court may issue such an order. The four types of restraining orders in Wisconsin include: Domestic abuse A person who suffers domestic abuse inflicted by an adult family member, household member, caregiver, current or former spouse, or current or former dating/intimate partner may seek a restraining order following conduct such as: Intentional infliction of injury or pain Intentional impairment of a physical condition Sexual assault Stalking Intentional damage to physical property Any threat to engage in any of the above behaviors Harassment A person may seek a restraining order against an individual who engages in harassment, regardless of the parties’ relationship. In Wisconsin, harassment can involve conduct such as: Striking Shoving Kicking Child abuse Sexual assault Stalking Acts lacking a legitimate purpose that harass or intimidate Any offensive physical contact Any threat to commit any of the above behaviors Child abuse An interested party may obtain a restraining order to protect a child from ongoing or imminent child abuse, such as: Physical injury Human/sex trafficking Sexual assault or exploitation Exposure to methamphetamine manufacturing Emotional damage that a parent or guardian has neglected to treat Individual at risk Courts can issue restraining orders to protect individuals at risk, including adults with physical or mental conditions that substantially impair their ability to care for themselves or adults over 60 experiencing or at risk of experiencing abuse, financial exploitation, neglect, self-neglect, non-consensual treatment, unreasonable confinement, or harassment. Legal and Practical Consequences for Criminal Defendants The broader availability of restraining orders in Wisconsin can have significant consequences for defendants in domestic abuse or harassment cases. Wisconsin allows courts to issue temporary restraining orders when a person files a petition that meets the statutory pleading requirements. Temporary restraining orders (TROs) become effective immediately before defendants have an opportunity to present a defense or contest domestic abuse or harassment allegations. A TRO can impose various restrictions upon a defendant, including barring them from contacting the petitioner or going to places the petitioner frequents. Fortunately, TROs only last until the court can hold a hearing to determine whether to issue a final restraining order. Final restraining orders can last for up to 10 years, depending on which type of order a person seeks. In certain situations, the court can order a permanent restraining order. Restraining orders can have other long-term effects, such as requiring a defendant to vacate a residence they share with the petitioner, losing custody rights, or losing employment due to the stigma of becoming subject to a restraining order. Contact a Domestic Violence Defense Attorney If someone has accused you of domestic violence or harassment, you might be subject to a restraining order that can have significant adverse consequences for your life, employment, and personal relationships. Talk to a domestic violence attorney to learn how Wisconsin’s restraining order laws may affect your case. Contact Cohen Law Offices, LLC, today at (715) 514-5051 for a confidential consultation with dedicated legal counsel to discuss your options.

Was your child recently arrested in Wisconsin? If so, you should know that the law provides additional Miranda rights protections to juvenile defendants. Here’s what you need to know about how that can affect their case. Understanding Miranda Rights  Miranda rights refer to a specific set of rights enjoyed by criminal suspects and defendants, identified in the U.S. Supreme Court case Miranda v. Arizona. In Miranda, the Supreme Court ruled that when police detain or arrest and question an individual, they must advise that individual of specific rights before questioning to allow them to make an informed decision about whether to answer questions. Although police do not need to use specific words when advising suspects, warnings should sufficiently advise suspects that: They have the right to remain silent, which means they do not have to answer the police’s questions about a criminal case If they choose to answer questions or provide statements, prosecutors can use anything they say in court They have the right to consult an attorney before questioning and to have their attorney present during questioning They have the right to a court-appointed attorney if they cannot afford to hire private counsel These warnings remind suspects that they do not have to speak to the police and can seek legal advice before deciding to submit to questioning or provide a statement. Can Juveniles Waive Miranda Rights Courts have ruled that juveniles can validly waive their Miranda rights and answer the police's questions, with their responses or statements becoming admissible in court. However, because juveniles' lesser education or maturity can make understanding their rights or the consequences of waiving them challenging, courts must evaluate a juvenile's waiver under various circumstances to determine if a juvenile made an intelligent, voluntary waiver. These factors include: The juvenile’s age The juvenile’s intelligence, as assessed by their academic performance, IQ scores, job history, etc. The juvenile’s experience with the criminal justice system, including whether they have previously given a valid waiver of their Miranda rights Whether a juvenile made a waiver under advice from a parent/guardian or an attorney What Should Parents Do After Their Child’s Arrest When police arrest your child, steps you should take to reserve their rights and options include: Advise them to remain silent until an attorney arrives Request the police not to question your child until you’ve obtained legal counsel Contact a juvenile defense attorney Contact a Juvenile Crimes Attorney Today Don’t let your child face the criminal justice system alone. Talk to a juvenile crimes attorney to learn more. Contact Cohen Law Offices, LLC, today at (715) 514-5051 to discuss your family’s options with experienced legal counsel .

Operating a vehicle while intoxicated ( OWI ) and causing a crash that results in someone's death carries severe consequences in Wisconsin. Penalties on conviction include lengthy prison sentences that can last up to decades, as well as fines reaching six figures. Here’s what you need to know if you’re facing these serious charges. Legal Penalties for Homicide by Intoxicated Use of a Vehicle Under Wisconsin law, a driver who causes a fatal accident while under the influence of alcohol or drugs can face charges of homicide by intoxicated use of a vehicle. The severity of the punishment depends largely on whether the driver has previous OWI convictions. This criminal offense is charged as at least a Class D felony, which may result in up to 25 years behind bars. However, certain exacerbating conditions can increase it to a Class C felony, with commensurately more serious punishments. First-Time Offenders An OWI with fatalities is typically charged as a Class D felony for first-time OWI offenders. The penalties for a conviction may include the following: A prison term of up to 25 years: Wisconsin imposes a mandatory five-year minimum sentence. Fines reaching $100,000: These fines come in addition to any civil penalties. License revocation: The revocation extends beyond the prison term. Mandatory alcohol assessment and treatment programs: The court requires completion before reinstating driving privileges. Those with a History of OWI Prior OWI convictions escalate a fatal OWI to a Class C felony, which can result in: A prison sentence of up to 40 years: The mandatory minimum remains five years. Fines up to $100,000: This amount does not include possible restitution to the victim's family. Extended license revocation: Each prior conviction extends the revocation term. Additional Long-Term Consequences As tough as the criminal punishments for a fatal OWI are, they are not the only consequences a defendant might face. Long-term consequences can also include: Limitations in employment: Many employers conduct background checks that reveal felony convictions. Difficulty finding housing: Landlords may deny applications based on serious criminal records. Loss of voting rights: Felony convictions temporarily suspend voting privileges. Restrictions on professional licenses: Some careers become unavailable to those with felony records. Limitations on travel: Other countries, including Canada, may deny entry to those with felony convictions. Wisconsin requires everyone convicted of this offense to serve what's known as a bifurcated sentence. This means the person must serve prison time followed by a period of community supervision, ensuring continued monitoring even after release. Facing Serious OWI Charges in Wisconsin? Contact Cohen Law Offices Today If you're facing charges related to an OWI incident involving death, you need experienced legal representation to protect your rights and seek a fair resolution to your case. At Cohen Law Offices, our trial lawyers have over 60 combined years of experience defending serious criminal cases in Northwest Wisconsin. We prepare every case as if it will go to trial, ensuring the most vigorous possible defense for our clients. Contact us today at (715) 514-5051 for a confidential consultation with an OWI defense attorney in Wisconsin.

Are you looking for a fresh start after a nonviolent offense in Wisconsin? Expungement can remove barriers to employment, housing, and education that often follow a criminal conviction. Under current state law, expungement opportunities are relatively limited. However, state legislators have proposed a new law that could open doors for countless Wisconsinites with convictions on their records. Current Expungement Law in Wisconsin  Wisconsin law allows judges to remove court records related to a person’s conviction if certain conditions apply. This process, known as expungement, does not erase the conviction. It merely removes the records from the court system’s view. This makes the records inaccessible in public databases like the Consolidated Court Automation Programs (CCAP) , which is the court system’s public access website. Currently, you only qualify for expungement if you were under 25 at the time of the offense and the crime’s maximum penalty was no more than six years in prison. This means you are only eligible if you were convicted of a misdemeanor or Class H or I felony at a young age. Additionally, the judge must have decided at sentencing that expunging your record at a later date would benefit you and not harm society. You also must have successfully completed your sentence by fulfilling all jail, parole, or probation requirements without further convictions to qualify. At present, Wisconsin law does not allow you to request expungement after the court has sentenced you. This limitation means that the decision regarding expungement at the time of sentencing is final. If a judge does not order it at sentencing, you cannot seek expungement later on your own. Proposed Changes to the Law Proposed changes to Wisconsin’s expungement law would make it easier for people with criminal records to have their records cleared. The new bill, if passed, would remove the current age limit of 25, which would allow more people to qualify for expungement. Additionally, the proposed law would let people petition the court for expungement after they have completed their sentences. This is a significant shift from the current law, which only allows expungement to be ordered at the time of sentencing. Under the new rules, if the court initially did not order expungement, a person could still have the opportunity to clear their record by applying later. The bill also introduces a new restriction. Each person could only receive one expungement per crime and would need to wait two years before being able to file a second petition if their first one was denied. Also, applicants would need to pay a $100 fee for each subsequent petition. Regrettably, the proposed expungement legislation failed to pass both houses in the 2024 session and is not yet slated to become law. However, it remains a topic of interest and could potentially be reintroduced in the 2025 legislative session. Contact a Wisconsin Expungement Lawyer Ready to clear your record and take the next step toward a brighter future? Don’t wait to find out how Wisconsin’s current and potential expungement laws could benefit you. Call Cohen Law Offices today at (715)-514-5051 for a free initial consultation with our experienced expungement attorneys .

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Wisconsin law prohibits you from operating a vehicle if you are under the influence of any intoxicant or controlled substance to a degree that impairs your ability to drive safely. This includes alcohol, illegal drugs, and prescription medications that might affect your driving skills. The legal limit for most drivers’ blood alcohol concentration (BAC) is 0.08. For commercial drivers while on duty, the limit is even lower (0.04), and those under the legal drinking age are subject to a zero-tolerance policy. If you exceed these limits while driving or drive in a manner that suggests you are intoxicated, you risk facing serious legal penalties for operating while intoxicated (OWI). The Role of BAC in OWI Cases BAC is a critical factor in Wisconsin’s approach to handling OWI cases. If your BAC is at or above the legal limit, Wisconsin law considers this as evidence that you cannot operate a vehicle safely. This is true whether or not you are actually too impaired to drive safely. Additionally, even if your BAC is below 0.08, you can still face charges if you exhibit signs of impairment while driving. Police officers often use chemical tests during OWI investigations to determine a driver’s BAC if they suspect impairment. Consequently, BAC results are a significant factor in OWI cases and can largely determine the charges and penalties you may face. Potential Penalties for an OWI Conviction The consequences of an OWI conviction in Wisconsin depend on the number of prior offenses and the specific details of each case. For a first-time offense, the typical penalties include a $150 to $300 fine and a six- to nine-month license suspension but no jail time. However, if you have previous OWI convictions, the penalties escalate rapidly. For instance, a second offense can lead to jail time, higher fines, and a longer license suspension. By the fourth offense, you could be facing felony charges, substantial fines, and years in prison. In addition to license revocation, Wisconsin law may require the installation of an ignition interlock device (IID) on your vehicle, which prevents you from driving if your BAC is too high. This requirement applies if it is your second or subsequent OWI offense or if you are a first-time offender with a blood alcohol concentration of 0.15 or higher. Penalties can also increase if there are aggravating factors involved, such as having a minor in the vehicle at the time of the offense. Defenses Against OWI Charges An experienced OWI defense lawyer can help you challenge OWI charges based on several defenses. Each defense strategy depends on the specifics of your case, including how law enforcement handled your arrest and evidence. Possible defenses that might apply to your case include: Challenging the accuracy of the BAC testing equipment Arguing that the traffic stop lacked probable cause Questioning the administration or interpretation of field sobriety tests Citing medical conditions that mimic impairment Demonstrating that the BAC test was not administered properly Presenting evidence of violations of your rights during the arrest process Contact an OWI Defense Attorney If you’re facing OWI charges in Wisconsin and need legal help, call Cohen Law Offices today at (715)-514-5051 for a free initial consultation . Our team is ready to work with you to examine your case and provide the dependable guidance you need.