Author: Benjamin Van Severen

Benjamin T. Van Severen is a Milwaukee, WI criminal defense attorney. Mr. Van Severen is a graduate of Marquette University Law School.

What happens when you run from the police in Wisconsin?

What happens when you run from police on foot?  Resisting an officer – Section 946.41 of the Wisconsin Statutes Section 946.41 of the Wisconsin Statutes is titled “resisting or obstructing an officer.  Obstructing an officer generally applies to situations where and individual intentionally lies or misleads the police.  But resisting an officer applies to situations…

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Are brass knuckles illegal in Wisconsin?

Possession of brass knuckles in Wisconsin is a crime in certain circumstances.  Contact our criminal defense lawyers at (414) 270-0202 for representation. The use and possession of brass knuckles in Wisconsin is not automatically illegal.  Instead, possession of this weapon is illegal in two situations: firstly, when possessed by individuals under 18 years old, and…

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Drunk driving in Wisconsin: 2024 operating while intoxicated law update

What are Wisconsin’s penalties for drunk driving in 2024? Wisconsin lawmakers didn’t change the penalties for drunk driving in 2023.  Moving into 2024, the penalties are as follows: First offense operating while intoxicated charges are non-criminal and a conviction cannot result in you being locked up.  If you’re convicted, you face a 6-9 month driver…

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What happens when a hunter accidentally shoots another in Wisconsin?

First degree reckless homicide Although this blog post focuses on when one hunter accidentally shoots another, first degree reckless homicide applies to situations where the shooter acts in a way that was much more reckless than a simple accident.  This crime requires that the shooter engage in “criminally reckless conduct” and act with “utter disregard…

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Pros and cons of a no contest plea

A Wisconsin criminal defense attorney explains the pros and cons of a no contest plea. Sometimes criminal cases in Wisconsin conclude with a guilty or a no contest plea.  This is generally after the defendant decides he’s not interested in proceeding to trial, but instead wants to resolve the case.  Sometimes this is because the…

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Wisconsin knife laws (2023 update)

What are Wisconsin’s knife laws in 2023?  Our criminal defense lawyers explain: Wisconsin’s knife laws might seem confusing.  Are butterfly knives legal? What about switchblades?  Does the length of the blade matter, and where do I start measuring it?  Finally, can I possess a concealed knife? Over the last decade, new laws have slightly complicated…

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Can felons in Wisconsin go deer hunting?

Felons in Wisconsin will have a difficult, if not impossible, time deer hunting for the rest of their lives. Deer hunting in Wisconsin is a tradition that many of us have known our entire lives.  As we approach the holiday season, hordes of Wisconsinites migrate north to hunt the state’s native white-tailed deer.  Different timelines…

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What impact does police misconduct have on your criminal case?

What is police misconduct? Police misconduct refers to illegal or inappropriate actions taken by law enforcement personnel.  What counts as police misconduct varies broadly, but usually in order to qualify, the bad cop must be acting “under color of law,” a phrase that means the officer was acting using the power given to him by…

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Firework laws in Wisconsin

Section 167.10 of the Wisconsin Statutes: Regulation of fireworks Section 167.10(1) of the Wisconsin Statutes begins and provides us with an important definition: … In this section, “fireworks” means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use … But that definition goes on to exclude…

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Fake IDs in Wisconsin: More than a ticket into the bar

Wondering what kind of trouble you can get into for possession of fake IDs in Wisconsin?  Van Severen Law Office, S.C. explains. Whether or not the law appreciates it, thousands of underage individuals throughout Wisconsin regularly engage in drinking alcohol.  Some of those individuals find adults to purchase their beverages.  Others sneak into bars or…

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