Injury by negligent handling of a dangerous weapon defense lawyers - Wis. Stat. 940.24
Injury by negligent handling of a dangerous weapon is a felony in Wisconsin. Contact Van Severen Law Office, S.C. for help: (414) 270-0202
In Wisconsin, an accident can quickly turn into criminal charges for injury by negligent handling of a dangerous weapon. The statute prohibiting this offense requires that the defendant negligently operated or handled the weapon. While this certainly doesn’t criminalize all accidents, it likely exposes the actor to criminal liability in many situations involving unintentional discharges and similar situations.
Injury by negligent handling of a dangerous weapon is a Class I felony. This means that a conviction exposes the defendant to a potential maximum penalty including 3.5 years prison, $10,000.00 in fines, or both. That 3.5 year prison term breaks down into 1.5 years initial confinement followed by 2 years extended supervision. A Class I felony is the lowest level felony in Wisconsin.
If you’re facing any kind of charges involving a firearm, hiring a criminal defense lawyer that specializes in this area could help increase your chances of winning your case. At Van Severen Law Office, S.C., helping individuals through the criminal justice system is all we do. Whether it’s a felony charge, like this one, or something more minor, we’re familiar with courts throughout Wisconsin. We recognize how a criminal conviction (especially a felony) will impact the rest of your life. And we’re prepared to fight for our clients.
Contact us 24/7 at (414) 270-0202. We offer free consultations to potential clients.
Wisconsin Criminal Jury Instruction 1260 – Injury by negligent handling of a dangerous weapon
One of the first things we’ll do is to compare relevant jury instructions, the statute, and the alleged facts involved in your case. The reason for this is simple. Jury instructions break down crimes into separate parts, called elements, that the government must prove beyond a reasonable doubt. If the government cannot do that, they cannot sustain a conviction against you.
Firstly, the defendant operated or handled a dangerous weapon.
Secondly, the defendant operated a dangerous weapon in a manner constituting criminal negligence.
Thirdly, the defendant’s operation or handling of a dangerous weapon caused bodily harm to the victim.
“Cause” means that the criminal negligence by the defendant was a substantial factor in producing bodily harm.
“Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.
The jury instructions provide us a few additional helpful definitions:
A dangerous weapon is:
any firearm, whether loaded or unloaded. A firearm is a weapon that acts by the force of gunpowder.
any device designed as a weapon and capable of producing death or great bodily harm. Great bodily harm means serious bodily injury.
any device or instrumentality which, in the manner it is used or intended to be used, is likely to produce death or great bodily harm.
any electric weapon. An electric weapon is a device designed or used to immobilize or incapacitate a person by the use or an electrical current.
Criminal negligence means that the defendant’s operation or handling of a dangerous weapon created a risk of death or great bodily harm. The risk was unreasonable and substantial. And finally, the defendant should have been aware that his actions created the unreasonable and substantial risk of death or great bodily harm.
Section 940.24 of the Wisconsin Statutes: Injury by negligent handling of dangerous weapon, explosives or fire.
While a discussion of the jury instructions is important in understanding the law, it’s also important for us to recognize what the statute itself says. Section 940.24 of the Wisconsin Statutes indicates:
(1) Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(2) Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(3) Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
While the jury instructions and this article focus on the use of dangerous weapons used during the commission of this offense, explosives and fire also fall within this law. We represent individuals facing all versions of this offense. If your case involves explosives or fire, simply replace the words “dangerous weapon” in the jury instructions. This will allow you to still understand the elements required to be proven by the government in your case.
Handling a firearm in a negligent manner could lead to very serious, felony-level criminal charges in Wisconsin. If you’re facing any kind of criminal charge, contact Van Severen Law Office, S.C. at (414) 270-0202 for help.
What’s an example of this crime?
Responsible firearm owners regularly clean their weapons. Part of this process certainly involves unloading the weapon. But unloading firearms can be confusing to individuals not familiar with all the mechanics involved. It’s possible for a weapon to have the magazine removed, but still have one round in the firing chamber, ready to fire.
Defendant is in this position. He does not believe the weapon is loaded. He pulls the trigger during the process of cleaning his weapon, shooting through the wall and into another room. The round hits one of his parents. While many of us consider this an accident, it’s the kind of accident that likely qualifies as “criminally negligent.” He was using a device that is inherently dangerous, did not completely understand how it functioned, and created a risk to other individuals within his home.
Prosecutors in this situation will likely consider charges for injury by negligent handling of a dangerous weapon.
Contact Van Severen Law Office, S.C. at (414) 270-0202 for help.
Criminal charges involving guns attract a lot of unwanted attention. Sometimes it’s just the cops, prosecutors, and courts. Other times, it’s the media. Frequently these cases involve potential prison sentences and felony records. Injury by negligent handling of a dangerous weapon, explosives, or fire, is no exception. Unfortunately, what we might see as an accident isn’t treated as such by the government. Hiring a top, smart, aggressive criminal defense lawyer is one of the best ways to counteract the pressures against you. Your story is important, and a powerful advocate on your side is the best way to tell it.
Van Severen Law Office, S.C. is a criminal defense law firm with offices throughout Wisconsin. We defend individuals facing criminal charges in all corners of the state. 100% of our firm is dedicated to criminal defense. It’s the only area of law we practice and we’re committing to being the best at it.
Contact us at (414) 270-0202 to discuss your case and to set up a free consultation with any of our criminal defense lawyers.
