Wisconsin Criminal Law Update: Supreme Court Expands Gun Rights

The Wisconsin Supreme Court recently – and unanimously – decided that a conviction for disorderly conduct does not preclude an individual from carrying a concealed firearm pursuant to federal statute. Previously in Wisconsin, if an individual sustained a conviction for disorderly conduct, they could not possess a firearm if domestic violence played a part in the conviction. However, that is no longer the case, and certain individuals might be eligible to possess a firearm at home or obtain a concealed carry permit. 

In its opinion, the Wisconsin Supreme Court officially decided that a disorderly-conduct-domestic-violence-type conviction is not a misdemeanor domestic violence crime under the current federal statutes.

If you are facing a criminal charge for a crime of disorderly conduct that involves domestic violence, the experienced attorneys at Cohen Law Offices are here to help. To find out more about how we could assist with defending you in your criminal case, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What is Disorderly Conduct in Wisconsin? 

It doesn’t take much to sustain a disorderly conduct charge in Wisconsin. In fact, a person could commit a disorderly conduct offense simply by acting in a profane, boisterous, or otherwise disorderly manner, and an individual might commit that offense in any number of ways. Moreover, a conviction for a disorderly conduct crime does not require that the offender use physical force of any kind – or that they cause physical harm to the alleged victim. Because there’s no physical force element, federal law does not prevent an individual with a prior conviction for domestic-disorderly from possessing a firearm. The immediate effect of the Wisconsin Supreme Court’s decision is that it immediately allows certain individuals who had previously been precluded from possessing firearms to now possess them without violating the law.

Other Penalties for a Disorderly Conduct Conviction in Wisconsin

Despite the Wisconsin Supreme Court’s clarification on the firearm possession issue, a conviction for disorderly conduct can still come with serious penalties. In fact, it’s one of the most commonly charged offenses in the state. Under Wisconsin law, disorderly conduct is a Class B misdemeanor. To sustain a conviction and receive a penalty, the state prosecutor handling your case must establish your guilt beyond a reasonable doubt.

If the prosecutor meets their burden and you sustain a guilty finding or conviction, it will be left to a sentencing judge to determine the appropriate penalty. A conviction for a disorderly conduct offense could result in a top penalty of 90 days of incarceration, along with a $1,000.00 monetary fine.

Call Cohen Law Offices Today

If you are facing a criminal charge for a crime of disorderly conduct – it is essential that you have skilled legal representation in your corner at every stage of the proceedings. For a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.