A treason conviction will result in a sentence of life in prison. Contact Van Severen Law Office, S.C. to speak with some of Wisconsin’s best criminal defense attorneys: (414) 270-0202
Treason isn’t often included in the list of crimes that have the potential to send you to life in prison. More sensational offenses, such as first-degree intentional homicide or repeated sexual assault of a child usually top that list. But engaging in “war” against the state, or helping those that do, could result in a sentence of life in prison. (This is better than the death penalty, which is the federal criminal penalty for treason, and the penalty in many other states.)
Treason is a Class A felony in Wisconsin. That means that a conviction results in a sentence of life in prison. And while that result is automatic, courts maintain the power to allow the defendant release on “parole” at a certain point in the sentence. This result is not automatic, and must be argued for. In situations where courts do allow parole, they’ll do so after a certain amount of time. For example, a judge may require the defendant to serve 25 years in prison before being eligible for parole. After the defendant has completed that period of time, he’ll be required to appear before the Wisconsin Parole Commission to request release on parole.
At Van Severen Law Office, S.C., we think that defending serious charges like this should include top Wisconsin criminal defense attorneys. While that certainly isn’t required, the penalty here is significant, and there’s a lot riding on your ability to present your best defense. Fighting for the rights of Wisconsinites facing criminal charges is all we do, every day that we’re open. We’re familiar with the defenses, issues, motions, and other factors usually involved in these cases. Contact us at (414) 270-0202 to discuss your case and to figure out how we can help.
Treason – Section 946.01 of the Wisconsin Statutes
(1)Any person owing allegiance to this state who does any of the following is guilty of a Class A felony:
(a) Levies war against this state; or
(b) Adheres to the enemies of this state, giving them aid and comfort.
(2)No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on the person’s confession in open court.
The final section is an interesting one: it requires that the government rely on evidence from at least 2 individuals that were witnesses to the same overt act of treason. One witness against you isn’t sufficient for a treason conviction. Two witnesses against you, when those two witnesses observed separate acts, is equally insufficient. Two witnesses must observe the same overt act of treason. Alternatively, the defendant can confess in open court.
Those witnesses must observe the defendant engage in a war against Wisconsin, or must observe the defendant giving enemies of Wisconsin aid or comfort. While the penalties for this criminal charge are aggravated, it’s also a very high bar for the prosecution to overcome.
What does it mean to “owe allegiance” to this state?
Certain criminal charges only apply to individuals that have achieved certain statuses, whether through their career, certification, or only temporarily. For example, perjury charges only apply if an individual provides knowingly false information after taking an oath or affirmation. If that oath or affirmation isn’t taken, perjury doesn’t apply.
So who owes an allegiance to Wisconsin? Does an individual need to hold a position of power (such as in the government) or take a special oath in order to owe an allegiance? No. It’s a lot simpler than that.
Constitutionally, United States citizens who live in a state “owe allegiance” to at least two government entities: the United States of America and their state of legal residence. A defendant can commit treason against either, or both, entities. Defendants need not hold any sort of special career, security clearance, or operate under any oath.
Treason charges are incredibly serious. We think that hiring the best criminal defense attorney in your area is an important step to take when facing this situation. To speak with the criminal defense lawyers at Van Severen Law Office, S.C., contact us at (414) 270-0202.
Defending against criminal charges in Wisconsin.
All criminal charges are different. The facts leading to those charges are different. The prosecutors, the judge responsible for your case, and even the police officers are all different. This leads to different facts, which lead to a different case.
But when evaluating a criminal case and how to defend it, one of the first things we look for is some sort of constitutional defect. Did the police violate your Fourth or Fifth Amendment rights? Frequently this analysis is triggered by an illegal search, illegal stop, or some issue involving Miranda warnings. Issues that we discover at this point typically lead to the filing of pre-trial motions and requesting various forms of relief.
But if we don’t find much traction there, our next step is to analyze your case for trial. Are witnesses lying? Has the government simply failed to satisfy its burden? There are dozens of trial defenses, but figuring out which one applies is an important step in planning your defense.
Contact Van Severen Law Office, S.C. regarding your treason charges
Treason is a Class A felony in Wisconsin. That means a conviction results in an automatic life sentence. Even if you’re eventually paroled, you’ll be supervised by the government for the rest of your life. If you’re facing this charge, you’re dealing with incredibly serious stakes.
At Van Severen Law Office, S.C., our Wisconsin criminal defense attorneys regularly represent individuals facing serious felony-level criminal charges. Treason charges aren’t common in Wisconsin (or any other state, really). As of the writing of this article, 14 people have been charged with treason throughout the United States. Six were convicted. Five of those were executed. Only two prosecutions for treason against a state were ever carried out in the United States.
Finally, we offer free initial consultations to potential clients, their families, or close friends looking to retain a criminal defense lawyer. Contact us at (414) 270-0202 and let’s figure out how we can help.
