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Category: Defenses

Parental Discipline and Child Abuse

Criminal penalties: If you find yourself in a situation where you can act to prevent either bodily harm or great bodily harm to a child, and you do noting, you can be punished. Remember, if the actions you fail to prevent could result in bodily harm to the child, you could face up to 6…

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Entrapment as a Defense

Entrapment is one of the most commonly known defenses to criminal liability.  But, what does it actually mean?  And when does it apply?  In this blog post, criminal defense attorney Benjamin Van Severen explains what entrapment is.  He also explains common crimes where entrapment can be used. Procedure for the Entrapment Defense The accepted definition…

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Open Carry in Wisconsin

A common question we receive is whether it is legal to openly carry a firearm or other weapon in Wisconsin.  The answer, in general, is yes.  There is no “law” permitting open carry in Wisconsin.  Rather, it is presumed legal but subject to numerous restrictions.  The opposite of open carry is carrying concealed.  Wisconsin statute 941.23…

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Illegal Stop OK with Valid Arrest Warrant

In a decision that affects criminal defendants throughout the country, the United States Supreme Court has ruled that an illegal stop of a person becomes acceptable if an officer discovers the driver has an outstanding warrant.  The Court further ruled that any illegal contraband discovered as a result of the arrest on the warrant is admissible…

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Terrorist Threats Law

A new law signed into effect by Governor Scott Walker on March 30 might soon get put to use.  The law, which essentially expands the breadth of the current bomb scares law, is titled “Terrorist Threats” and is codified in § 947.019 of the Wisconsin Statutes.  The statute states that whoever threatens to cause death…

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The Castle Doctrine

Clarification of the Castle Doctrine: At least one case helped clarify the castle doctrine.  In State v. Chew, the Court of Appeals was tasked with determining whether the doctrine applied (whether a jury instruction should be given) when Mr. Chew fired shots from the hall in his apartment and the doorway of the apartment building…

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