Category: Criminal penalties

Wis. Stat. sec. 939.62 – increased penalty for habitual criminality Section 939.62 of the Wisconsin Statutes deals with increased penalties for habitual criminals.  But subsection (2m) deals with Wisconsin’s three strikes law. Section 939.62(2m)(a) describes the charges that fall under Wisconsin’s three strikes law: Sexual assault of a child, engaging in repeated acts of sexual…

In Wisconsin, judges are often not required to sentence defendants to a minimum term of incarceration.  However, there are a few select groups of crimes where the legislature has created mandatory minimum sentences.  The three main groups are operating while intoxicated offenses, firearm offenses, and sex offenses. Mandatory Minimum Penalties for OWI The legislature decided…

If you have been arrested for Operating While Intoxicated (OWI) for the first time, you may be curious as to just how much trouble you are really in. It’s possible that you know someone (or even multiple people) who have gotten an OWI and seem to have come out on the other side relatively unscathed….

What is the current law? To illustrate, homicide, murder, and manslaughter laws in Wisconsin are as follows: First-degree intentional homicide – Wis. Stat. sec. 940.01 First-degree reckless homicide – Wis. Stat. sec. 940.02 Felony murder – Wis. Stat. sec. 940.03 Abortion – Wis. Stat. sec. 940.04 Second-degree intentional homicide – Wis. Stat. sec. 940.05 Second-degree…

Should drunk driving laws be stronger in Wisconsin? Wisconsin has a notorious reputation when it comes to the laws prohibiting drunk driving. In recent years, lawmakers and advocates have pushed for stricter legislation against DUI offenders.  This has occurred in many states throughout the country, including Wisconsin. The movement has evolved into a collection of…

The State of Wisconsin strictly prohibits driving under the influence of alcohol or drugs. This is evidently clear from the strict laws and penalties for DUI offenses in Wisconsin. The prohibition includes anyone who operates or drives a vehicle: With a prohibited BAC (Blood Alcohol Concentration) of 0.08 percent Under the influence of any substance…

Disorderly conduct tickets: How do they show up on my record? Disorderly conduct is a catch-all offense.  It’s pretty simple to prove.  The exact wording of the law is straightforward: Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud other otherwise disorderly conduct under circumstances in which the…

Calculating sentence credit in Wisconsin is more difficult than you’d expect. Sentence credit calculations should be simple.  I spent “x” days in jail.  Therefore, I should receive “x” days of credit towards my sentence.  But calculating your sentence credit is rarely that easy.  In this post, criminal defense attorney Benjamin Van Severen discusses sentence credit. …