Location:
Weekend Appointments Available
Returning Calls 7 Days A Week
Serious crimes are serious business. That’s why you want to hire us for accurate and powerful legal defense. Criminal defense lawyers can get you a better result in and out of court. Our years of experience gives us familiarity with local judges and police officers. We know how they handle cases. We can use that knowledge to our advantage for even the most difficult legal tangles.
Consult with Cohen Law Offices today to determine a winning game plan. We may be able to lower sentences and offer better options for our clients. Become one of them by contacting us.
At our law office, located in Eau Claire, we are ready to fight for you. We pursue evidence and other materials to understand the strengths of the opposition. Once we have the big picture, we can formulate a powerful strategy to secure your available interests. You could receive a much smaller sentence than otherwise with our superb help.
Our decades of experience in this business have exposed us to every kind of legal difficulty. We’ve handled many different criminal charges. Our areas of specialty include all of the following and much, much more:
You want the best verdict possible. We can help you get it.
Consult with our team at Cohen Law Offices for strong legal representation and counsel. Your opinion and story matter to us. With our help, you can be heard, loud and clear.
Contact us today to begin the defense process.
Almost all crimes have a mens rea, or mental state. The prosecutor has to prove that the accused has a criminal mental state before the person can be convicted. The reason for this rule is that identical conduct can be criminal or legal, depending on what the person is thinking. Some of the types of mens rea are discussed below.
When criminal intent is an element of a crime, such intent is indicated by the term "intentionally," the phrase "with intent to," the phrase "with intent that," or some form of the verbs "know" or "believe."
"Know" requires that the actor believes that the specified fact exists.
"Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word "intentionally."
"With intent to" or "with intent that" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.
Criminal intent does not require proof of knowledge of the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section.
Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question.​
"Criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk.
"Criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another.
Whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent to do that act.
Whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime, if one or more of the parties to the conspiracy does an act to effect its object, is guilty of that same crime.
An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.
A defense in a criminal case is a set of facts, which, if believed, mandate a finding of not guilty. A selection of defenses defined by Wisconsin statutes is below.
An intoxicated or a drugged condition of the actor is a defense only if such condition:
An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.
A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.
"Adequate" means sufficient to cause complete lack of self-control in an ordinarily constituted person.
"Provocation" means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death.
The fact that the actor's conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances:
A threat by a person other than the actor's coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another and which causes him or her so to act is a defense to the crime.
Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act, is a defense to a prosecution.
A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force, which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.
Provocation affects the privilege of self-defense as follows:
Felonies and misdemeanors involving habitual criminality are governed by truth in sentencing, which provides for bifurcated sentences. Regular misdemeanors are governed by more traditional penalty structures.
A Wisconsin sentence of imprisonment has two components: confinement (prison) and extended supervision (parole).
Imprisonment = Confinement + Extended Supervision (ES)
The minimum term of confinement is one year. The minimum term of ES is not less than 25 percent of the confinement. The minimum term of probation is one year for a felony, six months for a misdemeanor. Unclassified felonies and habitual criminality misdemeanors have a maximum confinement of 75 percent of the total length of the bifurcated sentence and a minimum ES of 25 percent of the confinement. The maximum term of probation may be increased by one year for each additional felony.
*Several statutes can increase the maximum term of misdemeanor probation by an extra one, two or even three years.
Probation is an alternative to prison. It is usually offered to first (or second) offenders whose crimes are not of the most serious nature, and whom the court believes can benefit from rehabilitative services. These services might include treatment for alcoholism, domestic violence, sex offender issues, drug dependency, psychological issues, or anything else a person needs help with to become a law-abiding member of the community. Compliance with these services is required to remain on probation.
On probation, a person is assigned to an agent, who monitors the person's progress, checks up on them, and makes sure they comply with the terms of probation.
Probation may also have a punishment component, including either jail time or electronic monitoring.
A person on probation will be ordered to pay probation service fees as well as any restitution owed to the crime victims involved in the case. A probationer will be ordered to perform community service.
Probation isn't easy. A lot is required of the participant, and the agent is authorized to intrude significantly into your personal life. (He can show up unannounced and search your house without a warrant). However, it is also a way of avoiding prison. Good performance on probation can result in discharge. Poor performance can result in revocation, which will land a person behind bars.
Deferred prosecution can be a pretty sweet deal, usually only offered to people accused of fairly minor offenses who have no prior criminal history. A person who successfully completes deferred prosecution will have his case dismissed, and therefore will continue to have no criminal history. It's not all a bed of roses, though. Deferred prosecution agreements require defendants to plead guilty and then do several time consuming and sometimes expensive requirements. If the person fails, they have already entered a guilty plea, and they are taken back to court to receive a sentence and a criminal record. Because you give up your right to trial, it is really important not to enter into a deferred prosecution agreement unless you are really guilty of the charges.
Some of the standard requirements for a deferred prosecution agreement are:
As you know, you have been charged with a crime. Here are some potential consequences to which you may be subjected if you receive a criminal conviction:
In addition to the potential for a term of incarceration, a period of supervision (“probation”), payment of supervision fees, fines, court costs and assessments to name a few, there exist a number of consequences that follow conviction of a criminal offense, regardless of whether the offense is classified a misdemeanor or a felony.
“f” (felony); “m” (misdemeanor)
f You may not possess a firearm. Wis. Stat. § 941.29; 18 U.S.C. § 922(g)(1).
f/m You may not possess a firearm if the offense of conviction is a crime of domestic violence. This prohibition applies even if you have not been convicted of a felony offense. 18 U.S.C. § 922(g)(9).
f/m This prohibition applies to all handguns, starter pistols, shotguns, hunting rifles and ammunition. This prohibition includes both actual or constructive possession of a firearm; that is, you may not hold in your hand, store, borrow, or in any manner use or exercise control over the firearm of another. Having a firearm in your home, even if it belongs to a parent, spouse or child who also resides there, could be construed as possession of a firearm. You may, however, still fish and possess and hunt with a bow, unless a judicial order provides otherwise.
f/m Relatedly, you may not possess a firearm if you are a fugitive from justice, addicted to any controlled substance, committed to a mental institution, an illegal alien, discharged from the armed services under dishonorable conditions or subject to a restraining order. 18 U.S.C. § 922(g)(1) – (8).
f/m You may not obtain state issued licenses for hunting, fishing, etc., for up to 5 years if you have been convicted of violating certain hunting regulations. Wis. Stat. § 29.971.
f You may not possess bulletproof body armor. Wis. Stat. § 941.291.
f You may not hold elective office. Wis. Const. Art. 13, § 3(2).
f You may not vote until your civil rights have been restored. Wis. Stat. § 6.03(1)(b).
f You may not serve on a jury until your civil rights have been restored. Wis. Stat. § 756.02.
f/m At sentencing, a court may prohibit you from having contact with co-actors involved in the offense conduct during the period of probation. Wis. Stat. § 973.049.
f/m You may be deported, excluded or denied entry into the United States based upon a criminal conviction, if you are not a citizen of the United States (i.e., a resident alien, green card holder, here on any visa). 8 U.S.C. § 1227.
f/m You may not receive federal student financial aid (for a set period of time) if you are convicted of a drug offense; the length of time varies, depending upon the offense of conviction. 20 U.S.C. § 1091(r).
f/m You may not obtain certain federal health, welfare and housing benefits if you are convicted of a drug offense. 42 U.S. C. § 1320.
f/m You may not operate a motor vehicle for at least six months if you are convicted of a drug offense. Wis. Stat. § 961.50.
f/m You may not operate a motor vehicle for at least six months if you are convicted of drunk driving. Wis. Stat. § 343.30. Second or subsequent convictions for drunk driving will result in a longer period during which you may not operate a motor vehicle. In some cases an ignition interlock device may have to be installed before you may operate a motor vehicle again. Wis. Stat. § 343.301.
f You may be required to provide a DNA sample which will then be posted to a database maintained by the state crime laboratory. There is a $250 fee for this analysis. Certain misdemeanor offenses also qualify for this requirement.
f/m You may be required to register with law enforcement as a sex offender if you are convicted of certain sex offenses, even if the conviction was entered in another state. Wis. Stat. § 973.048 and 301.45. The period of registration may last for no less than 15 years. In some cases, depending on the offense of conviction, you could be subject to lifetime registration. The registration requirement applies as well to an adjudication of juvenile delinquency. The registration requirement exists as well under federal law. 42 U.S.C. § 16901-16962. The failure to register or to update your registration is a crime. Wis. Stat. § 301.45(6); 18 U.S.C. § 2250. Please note that under federal law, the sex offender registration requirement is on-going and relates to current convictions as well as those that have previously been adjudicated (after 1993).
f/m Related to sex offender registration, please also consider that information regarding sex offender registration is available to the public over the internet. Also, some municipalities have enacted ordinances limiting a registered sex offender’s ability to reside in that municipality; some ordinances enact distance restrictions (i.e., shall live no closer than 1,000 feet from a school or park), while others forbid registered sex offenders from residing in that municipality.
f/m Conviction of certain “sexually violent offenses” may subject you to civil commitment during which time you will be placed into the custody of the Department of Health and Family for purposes of treatment. Such period of custody and treatment continues until it is determined that there has been “significant progress in treatment”.
f/m You may not work with children if you are convicted of a serious child sex offense. Wis. Stat. § 948.13.
f/m You may not intentionally photograph minors if you are a registered sex offender. Wis. Stat. § 948.14.
f/m If your employment requires a professional license or bond, your conviction may have consequences in this regard as well. This is particularly true if you are employed in health care, child care and education. In those professions requiring a license, to sell real estate, stocks, or to be a barber, for example, a felony conviction may be a bar to obtaining the necessary license. Wis. Stat. § 440.03(13)
f/m If you are an over-the-road truck driver, a conviction under certain felony offenses, including offenses of dishonesty or fraud, will disqualify you from hauling materials such as fuel oil and you will be barred from entering refineries under rules promulgated by the Department of Homeland Security. 49 CFR § 1572.103(b)(14).
f/m If you are employed as a “care giver” to adults or children – including, but not limited to, working in daycare centers, hospitals, and nursing homes, a criminal conviction may act as a bar to such employment for up to five years. Wis. Stat. §§ 48.685 and 50.065.
f/m If you are employed in health care, a criminal conviction may result in your being disbarred from obtaining any federal funds, even if your position is not funded through federal grants or programs. 42 C.F.R. § 424.535. The Center for Medicine and Medicaid services is authorized to revoke a currently enrolled provider or supplier’s Medicare billing privilege based on a felony conviction within the 10 years proceeding enrollment or revalidation of enrollment. This applies to convictions under state or federal law that are considered felony offenses and which “CMS has determined to be detrimental to the best interest of the program and its beneficiaries”. Such offenses include felony crimes against persons, such as murder, rape, assault, financial crimes such as extortion, embezzlement, income tax evasion, insurance fraud and other similar crimes for which the individual was convicted including guilty pleas. Importantly adjudicated pretrial diversions are not excluded. Further, any felony that places the Medicare program or its beneficiaries at immediate risk such as in malpractice actions that result in a conviction of criminal neglect or misconduct; and any felony that would result in mandatory exclusion under § 1128(a) of the act.
f/m You may find that a criminal conviction and even some non-criminal adjudications such as for drunk driving (first offense) will act as a bar to the entry of some foreign countries, such as Canada, Australia and Japan, for example.
f/m If you move to another state, your record moves with you; but each state’s consequences differ. For example, some states impose a lifetime ban on voting for persons who have been convicted of a felony. Additionally, it is possible for the legislature to impose new collateral consequences after you have been convicted.
When you get pulled over for drunken driving, you might feel that it’s the end of the world. You’ve been caught; what can you possibly do? Fortunately, there are still a lot of legal options available to you, especially for first-time offenders. Consult with Cohen Law Offices to determine the best course to take for this situation. We can navigate judicial complexities and give you better results.
You’ll want powerful legal representation as soon as possible. A lawyer can help you dodge legal landmines. Hire our firm and we’ll do our part to improve your situation. We can give you advice for what to do next.
If you have been charged with an OWI — Operating While Intoxicated — the state is already trying to suspend your license. You have a short time frame to challenge the suspension. Work with us to take back your ability to drive. We can fight for you in any legal setting. We’ve won cases and gotten people back in control of their circumstances.
We’ve helped numerous individuals navigate their legal journey. Mistakes happen, and your life doesn’t have to be ruined for it. Instead of settling for a dead end, consult with Cohen Law Offices for powerful counsel. We can guide you through this complex affair. Contact us today to work on overcoming your OWI charge.
If you have been charged with OWI, the state is already in the process of suspending your license. Should you fail to challenge the administrative suspension within the required time period, the suspension will become effective for six months. Cohen Law Offices can fight your driver's license suspension.
OWI and DUI defense lawyer Michael Cohen understand Wisconsin's drunk driving law and know how to fight OWI charges. We have obtained dismissals and not-guilty verdicts in numerous OWI cases. If you have refused a breath test, their work as OWI defense attorneys is that much more important. Attorney Cohen have won cases where their clients refused the breathalyzer test.
Do not panic! Be patient and stay calm. You have some important decisions to start making. First, do not talk. Like most good people, you will want to be honest and cooperative with the police officer. I strongly urge you, however, to politely decline to answer any questions related to what you had to drink, when you were drinking, etc. You may have a defense based on your drinking history, but you could lose that defense if you accidentally give the officer an incorrect drinking history. Besides, you have the right to remain silent.
Write down the events that you can remember leading up to and including your arrest as soon as possible. Write down things such as where you were, who you were with or who was present, what you ate and drank and when, any medications that you were on, and anything else that may be important to remember later.
Also, you will start to receive important documents in the mail. Collect and save them all. Get them to your attorney. On this note, do not wait to get an attorney who is qualified and experienced, such as Mr. Cohen at Cohen Law Offices.
Whether you take the field sobriety test is up to you. But consider that not doing the field sobriety tests is often misconstrued by judges and juries as evidence of guilt. Also, whether you cooperate with the police may be taken into consideration during plea negotiations and sentencing.
The penalties are too severe. A drunk-driving conviction can affect your driving privileges, your insurance rates and your freedom. If you win your case, you not only clear your record, but you won't have to pay fines, attend alcohol classes or pay high-risk car insurance. An arrest for drunk driving has serious consequences. Without a strong defense strategy, you could lose money, your privilege to drive and your freedom. Attorney Michael Cohen is experienced trial lawyer who aggressively defend people accused of drunk driving and other related traffic violations. They will work zealously to defend your rights and preserve your freedom.
An arrest for drunk driving in Wisconsin leads to two legal proceedings — a criminal proceeding and an administrative proceeding that could result in the suspension of your privilege to drive. Attorney Michael Cohen will represent you effectively in both actions.
It is important to act quickly to obtain legal representation after an OWI/DWI arrest. If you took a test and the result was over the legal limit, then you must request an administrative hearing within 10 days. If you refused to take a test, then you must request a hearing within 10 days. Failure to request a hearing may result in your losing your privilege to drive in Wisconsin.
Michael Cohen will zealously defend against criminal drunk driving charges. They carefully examine every aspect of your case, looking for a potentially successful defense strategy to suppress evidence, collaterally attack prior convictions and, when necessary, to effectively try the case to a jury.
Our attorneys will explain the issues in your case and recommend appropriate courses of action. If possible, they will seek to obtain a dismissal of the charge or reduction to a non-alcohol traffic offense. If you decide to fight the charge, they will take care of you and zealously defend you before, during, and after trial.
Whether you call it OWI, DWI or DUI, your future is at risk. Our legal team will work with you to protect your freedom and your privilege to drive.
Operating While Intoxicated, whether it’s your first or seventh, involves the same core set of elements.
First, the prosecutor has to prove you drove or operated a motor vehicle on a highway or a “premises held out to the public for motor vehicle usage.” Second, they have to prove you were “under the influence” of alcohol or another drug, or had a prohibited blood alcohol concentration in excess of a legal limit.
Plain English. You can be arrested and successfully prosecuted in Wisconsin for “operating” while impaired for sure if your engine is running, even if the car is in park and you are asleep trying to sober up. You will also be in trouble, most likely, if you do any of the things you would normally do to start a vehicle, such as put the keys in the ignition, turn on the electrical, take the car out of park, maybe even turn on the headlights. Even if it is not your intent, these are all parts of what you do to start up a vehicle to prepare it for motion.
Any self-propelled device by which a person may be transported on a highway. Snowmobiles and boats have their own statutes.
Any “official” roadway in the state that you might drive on would count as a highway. Also counting are “premises held out to the public for motor vehicle usage,” which includes things like business parking lots, parking lots at work, and parking lots at an apartment complex, unless there are four or fewer units. Driveways or single-family farms are not included.
Under the Influence means impaired by alcohol or other intoxicant or controlled substance. Just impaired. Buzzed driving is drunk driving. If your case involves a combination of alcohol and drugs, or a combination of different drugs, under the influence means any impairment by intoxicating chemicals that prevents a person from driving safely.
Under the Influence includes being influenced by alcohol, any other intoxicant, a controlled substance or its “analog,” or any combination of these.
Your BAC is determined by testing your blood, breath or urine.
Breath testing is most common, because police don’t have to send in a sample to get results. These machines can only detect alcohol.
Blood testing may only be done according to approved methods established by the Wisconsin Hygiene Lab.
Urine testing is used less often. It is the least accurate of the three.
The law says that the results of a breath or blood test are presumed to be accurate and are admissible at trial against you. In other words, the jury is going to hear the result. All you can do is try to convince them it is inaccurate. You cannot get the judge to prevent them from hearing it in the first place.
There are exceptions. If there are independent reasons for keeping the results away from the jury, the judge can do that. If a chemical test is done within three hours, the results are admissible at trial to prove you were intoxicated without an expert to establish that the given level would really make a person like you intoxicated.
Implied consent is a legal rule which allows the police to obtain a chemical test from you to see if you have been drinking or using drugs to the point of being intoxicated while driving. If you are unconscious, the law says you consent to have your blood drawn.
Yes. If you drive on the roads in Wisconsin or have a Wisconsin driver’s license, you are deemed by law to have consented to providing a breath, blood or urine test under certain circumstances. This is called Wisconsin’s Implied Consent Law. Refusal to give a sample when asked is a separate offense, which then counts as a prior conviction.
Yes, blood alcohol tests fall into three categories.
There is the primary test, the one law enforcement chooses. For the primary test, the officer can ask you to perform “one or more tests.”
The alternative test is one the police have to provide you at their expense if you request it. Before you are entitled to it, you have to submit to the primary test(s).
Finally, the additional test is another test you may request at your own expense. It is up to you to choose which type of test to get, and where to get it. This opportunity must be provided to you within three hours of your arrest if you request it. To comply with this time limit, police only have to process you and release you.
You only have a right to either an alternative or additional test, not both. If the police fail to comply with your right to a second test, suppression of the primary test results is the remedy.
You do not have a right to speak to an attorney before you decide whether to submit to a chemical test of your breath or blood. If you insist on waiting until you speak to an attorney that will count as a refusal.
If you refuse the test for blood or breath alcohol, the officer will take your license and issue you a notice of intent to revoke your license, which becomes your license for 30 days. As long as you request it within 10 days, you have a right to a hearing before the circuit court to test whether the revocation is valid. You can be prosecuted for refusal as well as the underlying OWI offense you may also be charged with. One defense is if you have a physical disability or disease that prevents you from cooperating.
If the court finds you did in fact refuse, your license will be revoked for at least one year, or more if you have prior OWI convictions. If you have enough priors, you may also be required to install an ignition interlock device on your car.
Many people are under the false impression that OWI cases are impossible to defend, that if you are over the legal limit, you are guilty and there’s nothing to fight about. Cases can be attacked from a number of different angles.
Police offers have to have a reasonable suspicion to stop you and probable cause to arrest you. If the officer pulls you over for an invalid reason, or gives you a PBT without establishing probable cause to believe you are OWI, or does any number of other things wrong before gathering evidence against you, he may be violating your rights. All procedures in an OWI case must be followed, and if they are not, the evidence against you is subject to possible suppression. There are dozens of ways that the police can make mistakes that result in suppression. Suppressed evidence means the prosecutor cannot use it against you.
The law defines “under the influence” as being “incapable of safe driving,” and the usual jury instruction defines it as “less able to exercise the clear judgment and steady hand necessary to handle and control a motor vehicle.” It is quite possible that a person can feel the effect of alcohol and still be capable of safe driving and able to exercise clear judgment. A defense to an under the influence charge can be built around any evidence of good driving. This type of defense is only useful in the absence of a blood alcohol reading over the legal limit. If you are over the limit, you are presumed to be under the influence.
A criminal OWI case, like any criminal case, starts with a complaint. A complaint must be sufficient in that it must allege probable cause to believe a crime has been committed. If it does not, it can be dismissed.
If you have prior convictions and did not have an attorney for them, you may challenge their validity for use as a prior in your current case.
The Intoximeter – the machine the police have you blow in at the station – is just that: a machine. The Intoximeter is a machine that, in order to work properly, has to trap the deepest part of your lung exhale, and then blow that air over a tiny little disk that supposedly throws off two electrons for every molecule of alcohol in your breath. Meanwhile, hydrogen is also given off, and that forms into water with the air in the test tube, which creates a tiny electrical current between the water and the extra electrons. That current is measured and converted into your breath alcohol reading. The results, therefore, are subject to all sorts of challenges. Another challenge is to other sources of alcohol in your breath. For the machine to be accurate, it needs deep lung air, but that air passes through the upper lungs, mucous membranes and saliva on its way out, all of which can expel excess alcohol that contaminate the sample. It only takes a tiny 1.04 millionth of an ounce of alcohol in an Intoximeter sample to produce a 0.08.
Similarly, blood evidence must be scientifically evaluated. There are issues about whether alcohol develops after the draw, and whether the crime lab mixed your sample up with someone else’s. There are also issues with the gas chromatograph (a machine that, basically, vaporizes your blood, then shines a light through it to see how many alcohol molecules there are). Urine is also subject to challenge, primarily in that it is mainly a sample of what your BAC used to be.
The field sobriety tests are the evidence the officer uses to establish probable cause to arrest you, and also provide evidence at trial that you were too impaired to drive. These tests have to be given by the officer precisely according to the instructions; even then, they are only accurate a relatively small percentage of the time in showing a person is overthe limit.
The law is you can’t be over the limit at the time of driving. If you took a drink right before you drove and were stopped shortly thereafter, that last drink wasn’t in your system when you were driving, but would have absorbed by the time of the test. That means the reading on the machine is higher than what your BAC really was at the time of driving.
The chart below captures the basic sentencing scheme for OWI law, but keep in mind that penalties change often, and there are often other consequences than those listed here.
For all violations after 12-1-18 for OWI 4th and higher and other serious OWI offenses, upon conviction the person will lose their drivers license for life with no occupational for a min of 10 yrs.
For any OWI 4th offense and subsequent, including if that 4th or higher offense is Homicide by Intoxicated Use of Motor Vehicle or Injury by Intoxicated Use of Motor Vehicle, the Department of Transportation will revoke the individual’s driving privileges permanently. This provision is only triggered where the 4th offense or higher offense occurs within 15 years of the previous offense.
During the period of lifetime revocation, the individual will not be eligible for an occupational license at any time. After 10 years of the revocation period has elapsed, if there are no violations for Operating after Revocation during that time, the individual may apply for reinstatement of driving privileges. Violations for driving without a license during the period of lifetime revocation resets the 10 year period for reinstatement application.
Conviction
|
Fine or Forfeiture
|
Confinement Sentence
|
Driving Consequences if Commited in Wisconsin
|
Consequences if Minor under 16 in Vehicle
|
Consequences if Committed in Another Jurisdiction
|
Occupational License |
OWI, First Offense
|
$150 - $300 (plus $365 OWI surcharge) | No
|
Revocation: 6 - 9 month
If AC is 0.15 or more: Vehicle equipped with IID for 1 year
|
Fine: $350 - $1100
Jail: 5 days to 6 months
12 - 18 months + confinement length
|
Revocation:
6 months
|
Can apply immdediately If IID is ordered:
0.02 PAC limit
|
OWI, Second Offense No prior OWI within 10 years nor Great Bodily Harm or Homicide by Intoxication Use offenses during offender's life.
|
$150 - $300 (plus $365 OWI surcharge)
|
No
|
Revocation: 6 - 9 month
If AC is 0.15 or more: Vehicle equipped with IID for 1 year
|
Fine : $350 - $1100
Jail: 5 days to 6 months
Rev./IID Max. Length:
12 - 18 months + confinement length
|
Revocation:
6 months
|
Can apply immediately Absolute Sobriety Required
|
OWI, Second Offense Prior OWI within 10 years or Great Bodily Harm or Homicide by Intoxicated Use offense during offender's life.
|
$350 - $1,100 (plus $365 OWI surchage) | 5 days - 6 months
|
Revocation: 12 - 18 month + confinement length
Vehicle equipped with IID for 1 year to 18 months confinement length
|
Fine: $700 - 2,200
Jail: 10 days - 12 months
Rev./IID Max. Length:
2 - 3 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
OWI, Third Offense
|
$600 - $2,000 (Excessive BAC Escalator) (plus $365 OWI surcharge)
|
45 days - 1 year
|
Revocation: 2 - 3 year + confinement length
Vehicle equipped with IID for 1 year to 3 years +
|
Fine: $1,200 - 4,000
Jail: 90 days - 2 years
Rev./IID Max. Length:
4 - 6 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
OWI, Fourth Offense including 1 or more within previous 5 years
|
$600 - 10,000 (Excessive BAC Escalator)
(plus $365 OWI surcharge)
|
Class H Felony
60 Days - 6 years
|
Revocation: 2 - 3 year + confinement length
Vehicle equipped with IID for 1 year to 3 years + confinement length
|
Fine: $1,200 - 20,000
Jail: 1 year - 12 years
Rev./IID Max. Length:
4 - 6 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
OWI, Fifth or Sixth Offense
|
$600 - 10,000 (Excessive BAC Escalator)
(plus $365 OWI surchage)
|
Class H Felony
6 months - 6 years
|
Revocation: 2 - 3 year + confinement length
Vehicle Equipped with IID for 1 year to 3 years + confinement length
|
Fine: $1,200 - 20,000
Jail: 1 year - 12 years
Rev./IID Max. Length:
4 - 6 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
OWI, Seventh, Eighth, or Ninth Offense
|
Up to $25,000 (plus $365 OWI surchage) | Class G Felony
3 - 10 years
|
Revocation: 2 - 3 years + confinement length
Vehicle equipped with IID for 1 year to 3 years + confinement length
|
Fine: Up to $50,000
Jail: 6 - 20 years
Rev./IID Max. Length
4 - 6 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
OWI, Tenth or Greater Offense
|
Up to $25,000
(plus $365 OWI surcharge)
|
Class F Felony
4 - 12.5 years
|
Revocation: 2 - 3 years + confinement length
Vehicle equipped with IID for 1 year to 3 years + confinement length
|
Fine: Up to $50,000
Jail: 8 - 25 years
Rev./IID Max. Length:
4 - 6 years + confinement length
|
Revocation:
1 year
|
Can apply after 45 days
Absolute Sobriety Required
|
Causing Injury Whil OWI with no prior OWI offense or chem test refusal
|
$300 - 2,000
(plus $365 OWI surchage)
|
30 days - 1 year
|
Revocation: 1 - 2 years + confinement length
If AC of 0.15 or higher:
Vehicle equipped with IID for 1 year to 2 years + confinement length
|
FFine: $600 - 4,000
Jail: 60 days - 2 years
Rev./IID Max. Length:
2 - 4 years + confinement length
|
Revocation:
1 year
|
Can apply after 60 days
If IID is ordered:
0.02 PAC limit
|
Causing Injury while OWI offense or chem test refusal
|
Up to $10,000
(plus $365 OWI surchage)
|
Class H Felony
Up to 6 years
|
Revocation: 1 - 2 years + confinement length
If AC of 0.15 or higher:
Vehicle equipped with IID for 1 year to 2 years + confinement length
|
Fine: $20,000
Jail: Up to 12 years
Rev./IID Max. Length:
2 - 4 years + confinement length
|
Revocation:
1 - 2 years
|
Can apply after 60 days except if 2 or more offenses within 5 years:
Can apply after 1 year
Absolute Sobriety Required
|
Causing Great Bodily Harm by OWI
|
Up to $25,000
(plus $365 OWI surcharge)
|
Class F Felony
Up to 12.5 years
|
Revocation: 2 years + confinement length
If AC is 0.15 or more, or not first offense:
Vehicle equipped with IID for 1 year to 2 year + confinement length
|
Rev./IID Max. Length:
4 years + confinement length
*If unborn child is in vehicle:
Rev./IID Max. Length:
4 years + confinement length
|
Revocation:
2 years
|
Can apply after 120 days except if 2 or more offenses within 5 years:
Can apply after 1 year AND Absolute Sobriety Required
|
Homicide While OWI | Up to $100,000
(plus $365 OWI surcharge)
|
class D Felony
up to 25 years
If one or more prior OWI-related offense:
Class C Felony, up to 40 years
|
Revocation: 5 years + confinement length
If AC is 0.15 or more, or not first offense:
Vehicle equipped with IID for 1 year to 2 years + confinement length
|
Rev./IID Max. Length:
10 years + confinemnt length
* If unborn child is in vehicle:
Rev./IID Max. Length:
10 years _ confinement length
|
Revocation:
5 year
|
Can apply after 120 days except if 2 or more offenses within 5 years:
Can apply after 1 year AND Absolute Sobriety Required
|
Chemical Test Refusal
(First Offense)
[343.305]
|
None
|
None
|
Revocation: 1 year
* Vehicle Equipped with ID for 1 year
|
Rev./IID Max. Length:
2 years
|
None
|
Can apply after 30 days
|
Chemical Test Refusal
(Second Offense)
No prior OWI within 10 years
nor Great Bodily Harm or
Homicide by Intoxicated Use
offenses during offender's life.
[343.305(9)]
|
None | None
|
Revocation: 1 year
Vehicle equipped with IID for 1 year
|
Rev./IID Max. Length:
2 years
|
None
|
Can apply after 30 days
Absolute Sobriety Required
|
Chemical Test Refusal (Second Offense)
Prior OWI within 10 years
or Great Bodily Harm or Homicide by Intoxicated Use
offenses during offender's life.
[343.305(9)]
|
None
|
None | Revocation: 2 year Vehicle equipped with IID for 1 year to 2 years + confinement length | Rev./IID Max. Length:
4 years
|
None
|
Can apply after 90 days, except if 2 or more offenses within 5 years
Can apply after 1 year
Absolute Sobriety Required
|
Chemical Test Refusal
(Third or Greater Offense)
[343.305(9)]
|
None | None
|
Revocation: 3 years
Vehicle equipped with IID for 1 year to 3 years + confinement length
|
Rev./IID Max. Length:
6 years
|
None
|
Can apply after 120 days except if 2 or more offenses within 5 years
Can apply after 1 year
Absolute Sobriety Required
|
Administrative Suspension for Prohibited Alcohol Concentration
[343.305(7)]
|
None
|
None | 6 month suspension
[343.304(7)(a)]
|
N/A
|
N/A
|
Can apply immediately
[343.305(8)(d)]
|
2015 Wisconsin Act 183 passed as Senate Bill 29 on February 29, 2016. This Act allows for a search warrant to be issued to obtain a blood sample for a civil violation of operating while intoxicated. This law went into effect on March 2, 2016. This means that if a person refuses a chemical test upon an arrest for an OWI 1st, law enforcement can contact the prosecuting agency and seek a search warrant to forcibly obtain a blood sample.
2015 Wisconsin Act 371 passed as Senate Bill 455 on April 25, 2016. This Act goes into effect on January 1, 2017. This Act increases the maximum confinement terms for most felony level OWI offenses. The following chart shows the current penalty and the new penalty:
OWI
|
Current Penalty
|
New Penalty
|
5th
|
Class H, 6 mos., 6 years max | Class G, 6 mos., 10 years max
|
6th
|
Class H, 6 mos., 6 years max
|
Class G, 6mos., 10 years max
|
7th
|
Class G, 3 years IC, 10 yrs max | Class F, 3 years IC, 12.5 years max
|
8th
|
Class G, 3 years IC, 10 yrs max
|
Class F, 3 years IC, 12.5 years max
|
9th
|
Class G, 3 years IC, 10 yrs max | Class F, 3 years IC, 12.5 years max
|
10th
|
Class F, 4 years IC, 12.5 yrs max
|
Class E, 4 years IC, 15 years max
|
As you know, you have been charged with a crime. Here are some potential consequences to which you may be subjected if you receive a criminal conviction:
In addition to the potential for a term of incarceration, a period of supervision (“probation”), payment of supervision fees, fines, court costs and assessments to name a few, there exist a number of consequences that follow conviction of a criminal offense, regardless of whether the offense is classified a misdemeanor or a felony.
“f” (felony); “m” (misdemeanor)
f You may not possess a firearm. Wis. Stat. § 941.29; 18 U.S.C. § 922(g)(1).
f/m You may not possess a firearm if the offense of conviction is a crime of domestic violence. This prohibition applies even if you have not been convicted of a felony offense. 18 U.S.C. § 922(g)(9).
f/m This prohibition applies to all handguns, starter pistols, shotguns, hunting rifles and ammunition. This prohibition includes both actual or constructive possession of a firearm; that is, you may not hold in your hand, store, borrow, or in any manner use or exercise control over the firearm of another. Having a firearm in your home, even if it belongs to a parent, spouse or child who also resides there, could be construed as possession of a firearm. You may, however, still fish and possess and hunt with a bow, unless a judicial order provides otherwise.
f/m Relatedly, you may not possess a firearm if you are a fugitive from justice, addicted to any controlled substance, committed to a mental institution, an illegal alien, discharged from the armed services under dishonorable conditions or subject to a restraining order. 18 U.S.C. § 922(g)(1) – (8).
f/m You may not obtain state issued licenses for hunting, fishing, etc., for up to 5 years if you have been convicted of violating certain hunting regulations. Wis. Stat. § 29.971.
f You may not possess bulletproof body armor. Wis. Stat. § 941.291.
f You may not hold elective office. Wis. Const. Art. 13, § 3(2).
f You may not vote until your civil rights have been restored. Wis. Stat. § 6.03(1)(b).
f You may not serve on a jury until your civil rights have been restored. Wis. Stat. § 756.02.
f/m At sentencing, a court may prohibit you from having contact with co-actors involved in the offense conduct during the period of probation. Wis. Stat. § 973.049.
f/m You may be deported, excluded or denied entry into the United States based upon a criminal conviction, if you are not a citizen of the United States (i.e., a resident alien, green card holder, here on any visa). 8 U.S.C. § 1227.
f/m You may not receive federal student financial aid (for a set period of time) if you are convicted of a drug offense; the length of time varies, depending upon the offense of conviction. 20 U.S.C. § 1091(r).
f/m You may not obtain certain federal health, welfare and housing benefits if you are convicted of a drug offense. 42 U.S. C. § 1320.
f/m You may not operate a motor vehicle for at least six months if you are convicted of a drug offense. Wis. Stat. § 961.50.
f/m You may not operate a motor vehicle for at least six months if you are convicted of drunk driving. Wis. Stat. § 343.30. Second or subsequent convictions for drunk driving will result in a longer period during which you may not operate a motor vehicle. In some cases an ignition interlock device may have to be installed before you may operate a motor vehicle again. Wis. Stat. § 343.301.
f You may be required to provide a DNA sample which will then be posted to a database maintained by the state crime laboratory. There is a $250 fee for this analysis. Certain misdemeanor offenses also qualify for this requirement.
f/m You may be required to register with law enforcement as a sex offender if you are convicted of certain sex offenses, even if the conviction was entered in another state. Wis. Stat. § 973.048 and 301.45. The period of registration may last for no less than 15 years. In some cases, depending on the offense of conviction, you could be subject to lifetime registration. The registration requirement applies as well to an adjudication of juvenile delinquency. The registration requirement exists as well under federal law. 42 U.S.C. § 16901-16962. The failure to register or to update your registration is a crime. Wis. Stat. § 301.45(6); 18 U.S.C. § 2250. Please note that under federal law, the sex offender registration requirement is on-going and relates to current convictions as well as those that have previously been adjudicated (after 1993).
f/m Related to sex offender registration, please also consider that information regarding sex offender registration is available to the public over the internet. Also, some municipalities have enacted ordinances limiting a registered sex offender’s ability to reside in that municipality; some ordinances enact distance restrictions (i.e., shall live no closer than 1,000 feet from a school or park), while others forbid registered sex offenders from residing in that municipality.
f/m Conviction of certain “sexually violent offenses” may subject you to civil commitment during which time you will be placed into the custody of the Department of Health and Family for purposes of treatment. Such period of custody and treatment continues until it is determined that there has been “significant progress in treatment”
f/m You may not work with children if you are convicted of a serious child sex offense. Wis. Stat. § 948.13.
f/m You may not intentionally photograph minors if you are a registered sex offender. Wis. Stat. § 948.14.
f/m If your employment requires a professional license or bond, your conviction may have consequences in this regard as well. This is particularly true if you are employed in health care, child care and education. In those professions requiring a license, to sell real estate, stocks, or to be a barber, for example, a felony conviction may be a bar to obtaining the necessary license. Wis. Stat. § 440.03(13).
f/m If you are an over-the-road truck driver, a conviction under certain felony offenses, including offenses of dishonesty or fraud, will disqualify you from hauling materials such as fuel oil and you will be barred from entering refineries under rules promulgated by the Department of Homeland Security. 49 CFR § 1572.103(b)(14).
f/m If you are employed as a “care giver” to adults or children – including, but not limited to, working in daycare centers, hospitals, and nursing homes, a criminal conviction may act as a bar to such employment for up to five years. Wis. Stat. §§ 48.685 and 50.065.
f/m If you are employed in health care, a criminal conviction may result in your being disbarred from obtaining any federal funds, even if your position is not funded through federal grants or programs. 42 C.F.R. § 424.535. The Center for Medicine and Medicaid services is authorized to revoke a currently enrolled provider or supplier’s medicare billing privilege based on a felony conviction within the 10 years proceeding enrollment or revalidation of enrollment. This applies to convictions under state or federal law that are considered felony offenses and which “CMS has determined to be detrimental to the best interest of the program and its beneficiaries”. Such offenses include felony crimes against persons, such as murder, rape, assault, financial crimes such as extortion, embezzlement, income tax evasion, insurance fraud and other similar crimes for which the individual was convicted including guilty pleas. Importantly adjudicated pretrial diversions are not excluded. Further, any felony that places the medicare program or its beneficiaries at immediate risk such as in malpractice actions that result in a conviction of criminal neglect or misconduct; and any felony that would result in mandatory exclusion under § 1128(a) of the act.
f/m You may find that a criminal conviction and even some non-criminal adjudications such as for drunk driving (first offense) will act as a bar to the entry of some foreign countries, such as Canada, Australia and Japan, for example.
f/m If you move to another state your record moves with you; but each state’s consequences differ. For example, some states impose a lifetime ban on voting for persons who have been convicted of a felony. Additionally, it is possible for the legislature to impose new collateral consequences after you have been convicted.
Drugs are never a good idea, especially when it comes to the law. Just about every drug charge in the books is a felony and requires some length of incarceration. If you’ve been found with drugs in your possession, your life just became a lot more difficult. Fortunately, our capable team at Cohen Law Offices can ease your troubles. We’ll give you a chance at better solutions.
Drugs can ruin lives and legal standings, which makes it pretty hard to fight against a drug charge. This uphill battle is not one that you want to fight alone. To preserve your future, you need a drug crimes defense lawyer. We have a number of defenses that can fight against a drug-related arrest.
We’ll want to start with a compelling portrait of your circumstances. The means by which the police found the substance can be a powerful point of legal leverage. Was the search lawful? If not, you have the beginnings of a powerful case.
However, this rudimentary first step isn’t going to win your case. You’ll want a fully developed strategy to avoid the worst of drug charges. In the past, we have obtained dismissals and not-guilty verdicts in felony drug cases. We will try to do a similar service for you.
We are very familiar with constitutional defenses for drug crimes. We take every bit of circumstantial evidence into consideration. We know that we can assist you.
Consult with Cohen Law Offices for the powerful legal defense your drug charge demands. You will want us on your team.
Unfortunately, the prevailing attitude among many in sex crime cases is "guilty until proven innocent." It is important to have an attorney who is skilled at handling serious sex offense allegations with both zeal and discretion. Because of the stigma attached to sexual offenses, many unstable or unscrupulous people will falsely accuse a family member, neighbor, teacher or someone else they don't like of committing a sex crime. Sometimes, prosecutors unknowingly rely on false statements and testimony. The results can be devastating, even if the person is found to be innocent.
In addition to prison time, lifetime registration as a sex offender can ruin a person's life. Under Wisconsin law, an individual convicted of most sex crimes is required to register with the local police on their birthday every year for the rest of their life and every time they move to a new city. There are specific discovery requests that need to be made in sex crime cases, both to find out what evidence the state has against you and what evidence tends to favor your side.
At our criminal defense law firm, attorney Michael Cohen will defend your rights vigorously to make sure the prosecution doesn't take liberties with evidence, testimony or witnesses. They will challenge evidence and witness statements. They'll find alibis, work records, phone records and other evidence that can help prove your innocence.
Sex crimes defense lawyers Michael Cohen has obtained dismissals and not-guilty verdicts in dozens of felony cases. They aggressively defend clients in:
If you are charged with a sex offense and convicted, you face long-term repercussions under Wisconsin law. From the start, you need an experienced defense attorney who knows how sex offense cases are prosecuted and how they are viewed by judges and juries.
The legislature has increased the maximum penalties for certain sex crimes. Wisconsin Statute § 939.616 details the mandatory minimum sentence for certain child sex offenses.
Here are links that explain the various elements considered in sexual assault charges:
Chapter 940 Wisconsin Sex Offense Statutes
Chapter 948 Crimes Against Children
The following link has information by topic on Wisconsin sex offender laws, as well as helpful links for counseling and support in the event that your family is affected:
Wisconsin State Law Library – Sex Offense Statutes by Topic and Helpful Links
If convicted, you may have to register with the Wisconsin Sex Offender Registry. Here is a link to the website:
Wisconsin Sex Offender Registry
Probation for a sex offense includes following strict sex offender rules such as not using a computer, not staying overnight away from home, and not dating without the approval of your probation agent. For more details you can consult the following:
Internet crime is a growing concern in law enforcement, especially as it pertains to online communications involving potentially underage victims and the exchange of pornographic images over the Internet. What may seem like harmless chatting to you can be interpreted as the intent to commit a chargeable offense.
Many people are unaware that everything you say and do on a computer can be viewed by law enforcement. If you are engaging in sexually explicit conversations with a stranger on the Internet, there is a good chance that person is wearing a uniform. Even if you don't "do" anything, you can be charged.
Information on a computer is not erased by deleting: it can be retrieved by specialists in law enforcement. It is NEVER a good idea to send or receive explicit pictures of yourself or any other individual via the Internet. Do not discuss criminal activity either.
It’s bad enough to get charged with a misdemeanor or felony. It’s even worse when you’re a student. Students are in a transitional period of their lives. They often depend on their current institutions and jobs to have a future to look forward to. Criminal charges can do more than just inconvenience students. If you’re found guilty, you could face eviction from your school.
This can be catastrophic for students. Here at Cohen Law Offices, we make it our top priority to safeguard those in legal need. No one has more need of our services than a student in a legal bind. Consult with us to prepare a defense for your charges. Your future may depend on it.
Educational institutions like having a good reputation. Most schools don’t like being associated with troublemakers. They especially want students without criminal records. Having a legal incident during your stay is more than just a blemish on your record. It’s a stain on the institution you’re a part of. The easiest course for them to take is to let you go.
However, your future likely depends on your education. You can’t afford to be kicked out of your school. That’s why you should hire our team. For nearly 30 years, we’ve given students hope for a brighter future under the law. We’ve secured their rights both inside and outside of court. We can work with you to help you have the opportunities you deserve.
Facing legal charges can be intimidating, especially when your entire future is on the line. However, with our help, you could have a second chance. Hire Cohen Law Offices today to begin your defense strategy. We want to help you have another shot at life.
If you have been charged with a sex crime you may feel embarrassed, overwhelmed, and frightened. You are likely concerned about your family, employment, and how your reputation will be affected. It is important to hire an experienced sexual-assault attorney to protect your rights. The attorneys at Cohen Law Offices represent individuals charged with sex crimes. Whether you are charged with sexual assault, child pornography, or another sex crime, the charges are serious and you could be facing penalties that include jail, prison, and loss of employment, restitution, fines, and being listed as a sex offender for the rest of your life. In addition, people often lose friends or family after a conviction, and face social stigma for many years to come. Let a sexual-assault attorney from our firm ensure that your rights are protected and build a solid defense for your case.
A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison, pay fines or both. Felony crimes are distinguished from misdemeanor crimes by the possible sentence provided in the statute: if the possible prison sentence is one or more years, the offense is a felony. Otherwise, it is a misdemeanor. A person can be sentenced to death for a felony conviction in states where the death penalty exists; Wisconsin does not have the death penalty
Wisconsin classifies its felony crimes (and misdemeanor crimes) according to the sentence allowable under the statute. Felony classes include:
The Wisconsin criminal code consists of all of the criminal laws of the state of Wisconsin, which are enumerated in the Wisconsin statutes.
For a Class A felony, the penalty is imprisonment for life. Class A felonies include:
For a Class B felony, the penalty is imprisonment up to 60 years. Class B felonies include:
For a Class C felony, the penalty is a fine of up to $100,000, or imprisonment of up to 40 years, or both. Class C felonies include:
For a Class D felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both. Class D felonies include:
For a Class E felony, the penalty is a fine of up to $50,000, or imprisonment of up to 15 years, or both. Class E felonies include:
For a Class F felony, the penalty is a fine of up to $25,000, or imprisonment of up to 12 1/2 years, or both. Class F felonies include:
For a Class G felony, the penalty is a fine of up to $25,000, or imprisonment of up to 10 years, or both. Class G felonies include:
For a Class H felony, the penalty is a fine of up to $10,000, or imprisonment of up to six years, or both. Class H felonies include:
For a Class I felony, the penalty is a fine of up to $10,000, or imprisonment of up to three and a half years, or both. Class I felonies include:
For a repeat offender, the term of imprisonment may increase up to two years if the person was previously convicted of one or more misdemeanors and up to six years if the person was previously convicted of a felony.
If the conviction is for a serious sex offender crime, the penalties may include additional sentences, including:
A felony conviction affects the person's civil liberty – such as the right to vote or carry a firearm – and can affect the person's ability to obtain employment and licenses.
A convicted felon does not possess the right to vote until such time that he or she has completed the sentence imposed for the felony conviction, so long as no other sentence (or sentences) is outstanding for other felony convictions, or the right to vote has not otherwise been prohibited.
A convicted felon is forever prohibited from carrying a firearm. It is a felony offense for a convicted felon to possess a firearm under Wisconsin state laws. (Note that Wisconsin law extends to "other weapons.") A convicted felon cannot hunt with a gun. A convicted felon also cannot group gun hunt because under Wisconsin hunting regulations every member of a group gun-hunting party must have both a valid hunting license AND a rifle in his or her possession.
You may not possess a firearm if the offense of conviction is a crime of domestic violence. This prohibition applies even if you have not been convicted of a felony offense. 18 U.S.C. § 922(g)(9). This prohibition applies to all handguns, starter pistols, shotguns, hunting rifles and ammunition. This prohibition includes both actual and constructive possession of a firearm; that is, you may not hold in your hand, store, borrow, or in any manner use or exercise control over the firearm of another. Having a firearm in your home, even if it belongs to a parent, spouse or child who also resides there, could be construed as possession of a firearm. You may, however, still fish and possess and hunt with a bow, unless a judicial order provides otherwise.
Relatedly, you may not possess a firearm if you are a fugitive from justice, addicted to any controlled substance, committed to a mental institution, an illegal alien, discharged from the armed services under dishonorable conditions or subject to a restraining order. You may not obtain state-issued licenses for hunting, fishing, etc., for up to five years if you have been convicted of violating certain hunting regulations. You may not possess bulletproof body armor. Wis. Stat. § 941.291.
A convicted felon cannot serve on a jury until such time that he or she has completed the sentence imposed for the felony conviction, so long as no other sentence (or sentences) is outstanding for other felony convictions or other factors do not exist to prevent jury duty. That is not to say that a convicted felon will serve jury duty. Potential jurors are randomly selected; many selection processes use a common database, such as the driver's license database; therefore, if the felony conviction resulted in revocation of that person's driver's license, then even the potential random selection would exclude convicted felons whose driving privileges had been revoked.
You may not hold elective office.
You may not vote until your civil rights have been restored. At sentencing, a court may prohibit you from having contact with co-actors involved in the offense conduct during the period of probation.
You may be deported, excluded or denied entry into the United States based upon a criminal conviction if you are not a citizen of the United States (i.e., a resident alien, green card holder, here on any visa).
You may not receive federal student financial aid (for a set period of time) if you are convicted of a drug offense; the length of time varies depending upon the offense of conviction.
You may not obtain certain federal health, welfare and housing benefits if you are convicted of a drug offense.
You may not operate a motor vehicle for at least six months if you are convicted of a drug offense.
You may not operate a motor vehicle for at least six months if you are convicted of drunk driving. Second or subsequent convictions for drunk driving will result in a longer period during which you may not operate a motor vehicle. In some cases, an ignition interlock device may have to be installed before you may operate a motor vehicle again.
You may be required to provide a DNA sample which will then be posted to a database maintained by the state crime laboratory. There is a $250 fee for this analysis. Certain misdemeanor offenses also qualify for this requirement.
You may be required to register with law enforcement as a sex offender if you are convicted of certain sex offenses, even if the conviction was entered in another state. The period of registration may last for no less than 15 years. In some cases, depending on the offense of conviction, you could be subject to lifetime registration. The registration requirement applies as well to an adjudication of juvenile delinquency. The registration requirement exists as well under federal law. The failure to register or to update your registration is a crime. Please note that under federal law, the sex offender registration requirement is ongoing and relates to current convictions as well as those that have previously been adjudicated (after 1993).
Related to sex offender registration, please also consider that information regarding sex offender registration is available to the public over the internet. Also, some municipalities have enacted ordinances limiting a registered sex offender's ability to reside in that municipality; some ordinances enact distance restrictions (i.e., shall live no closer than 1,000 feet from a school or park,) while others forbid registered sex offenders from residing in that municipality. Conviction of certain "sexually violent offenses" may subject you to civil commitment during which time you will be placed into the custody of the Department of Health and Family for purposes of treatment. Such period of custody and treatment continues until it is determined that there has been "significant progress in treatment."
You may not work with children if you are convicted of a serious child sex offense.
You may not intentionally photograph minors if you are a registered sex offender.
If your employment requires a professional license or bond, your conviction may have consequences in this regard as well.
This is particularly true if you are employed in health care, child care and education. In those professions requiring a license (to sell real estate, stocks, or to be a barber, for example), a felony conviction may be a bar to obtaining the necessary license.
If you are an over-the-road truck driver, a conviction under certain felony offenses, including offenses of dishonesty or fraud, will disqualify you from hauling materials such as fuel oil and you will be barred from entering refineries under rules promulgated by the Department of Homeland Security.
If you are employed as a "care giver" to adults or children (including, but not limited to, working in day care centers, hospitals, and nursing homes) a criminal conviction may act as a bar to such employment for up to five years.
If you are employed in health care, a criminal conviction may result in your being disbarred from obtaining any federal funds, even if your position is not funded through federal grants or programs. The Center for Medicine and Medicaid Services is authorized to revoke a currently enrolled provider or supplier's Medicare billing privilege based on a felony conviction within the 10 years proceeding enrollment or revalidation of enrollment. This applies to convictions under state or federal law that are considered felony offenses and which "CMS has determined to be detrimental to the best interest of the program and its beneficiaries." Such offenses include felony crimes against persons, such as murder, rape, assault, financial crimes such as extortion, embezzlement, income tax evasion, insurance fraud and other similar crimes for which the individual was convicted including guilty pleas. Importantly adjudicated pre-trial diversions are not excluded.
Further, any felony that places the Medicare program or its beneficiaries at immediate risk, such as in malpractice actions that result in a conviction of criminal neglect or misconduct, and any felony that would result in mandatory exclusion under § 1128(a) of the act.
You may find that a criminal conviction and even some noncriminal adjudications such as for drunk driving (first offense) will act as a bar to the entry of some foreign countries (Canada, Australia and Japan, for example). If you move to another state, your record moves with you, but each state's consequences differ. For example, some states impose a lifetime ban on voting for persons who have been convicted of a felony. Additionally, it is possible for the legislature to impose new collateral consequences after you have been convicted.
When people categorize crimes, they tend to downplay misdemeanors. They’re not felonies, so they can’t be too consequential, right? Unfortunately, misdemeanors can still have a major impact on your life. They often involve some degree of jail time, which can affect your employment. They go onto your criminal record, which can affect your future employability as well. Getting charged with a misdemeanor is more than just a nuisance. It can be devastating under bad conditions. You’ll want a superb legal team to help you. Hire Cohen Law Offices today to begin forming a legal defense strategy.
Under Wisconsin law, misdemeanor charges are categorized according to their severity.
Class B misdemeanors may include a fine of up to $1,000, imprisonment for up to 90 days, or both.
Class C, on the other hand, may include fines up to $500, imprisonment for up to 30 days, or both.
Felonies and misdemeanors both involve imprisonment. However, felonies get you sent to a state or federal prison. A person convicted of a misdemeanor is sent to a local or county jail.
Your overall quality of life depends on having a good verdict for your misdemeanor. We can help you fight off your charges and help you achieve a better verdict. This could greatly facilitate your ability to find future employment and avoid jail time.
For the past many decades, the professional team at Cohen Law Offices has been providing reliable legal services to people like you. No matter the particulars of your case, we will get you the representation that you need. You can trust that we will make the justice system work for you.
We want the best for you and your future. Contact Cohen Law Offices today for superb legal counsel and representation. We want you to live your best life without fear of lingering ramifications for past misdemeanors.
At Cohen Law Office, we offer free initial consultations to discuss your case further and find the right solution for you. Our team provides the best representation to each client we work with and present the strongest possible defense. Give us a call today to start your resolution in your criminal defense case.
Weekend Appointments Available
Returning Calls 7 Days A Week
Review Us On Google