State v. Johnson, filed May 16, 2023, overruled State v. Shiffra.  The discussion below is outdated and is NOT good law.     Shiffra Green motions allow your defense attorney important access to psychological records of the victim Credibility is one of the crucial issues criminal defense attorneys deal with while fighting criminal cases.  A Shiffra…

What is incest? Section 944.06 of the Wisconsin Statutes prohibits incest: sexual intercourse between blood relatives.  The law indicates: Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which…

What’s an animal? Believe it or not, the statute specifies what constitutes an “animal.”  Animals include every living warm-blooded creature, reptiles, and amphibians.  The statute excludes humans from this definition.  The statute also explains that Chapter 951 does not controvert any law regulating wild animals under Chapter 169.  It also does not apply to the…

What are the elements of this offense? Like all criminal charges in Wisconsin, the government must prove certain elements of the offense before conviction.  Elements are “parts” of the crime.  And unless the government satisfies its burden of proof for all the elements, the defendant cannot be found guilty.  Wisconsin Criminal Jury Instruction 1218A provides…

What is second degree sexual assault? Sexual assault charges are often based on the circumstances surrounding the alleged sexual acts.  That’s also how their degrees and penalties are defined.  Second degree sexual assault has ten different versions.  Section 94.0225(2) of the Wisconsin Statutes provides those: The defendant had sexual contact or sexual intercourse with another…

What is first degree sexual assault? Secondly, like all criminal charges, sexual assault charges have elements, or parts, that the government must prove beyond a reasonable doubt. Wisconsin Criminal Jury Instruction 1201 provides one set of the jury instructions.  This offense focuses on sexual assault causing great bodily harm: Firstly, the defendant had sexual contact…

Is gambling legal in Wisconsin?  What is the definition of gambling?  What penalties do you face if charged?  This post will answer these and other questions about gambling in Wisconsin. Gambling – What is it? Gambling in Wisconsin is regulated in Section 945 of the Wisconsin Statutes.  First, we need to define a few terms. …

What kind of crimes are Class B misdemeanors? Below is a list of various Class B misdemeanors in Wisconsin: Disorderly conduct Possession of alcohol as a minor (2nd or subsequent) Recklessly interfering with a service dog Trespassing in a hospital or medical facility Food stamp fraud Unlawful use of a telephone Unlawful use of a…

What are examples of Class A felonies in Wisconsin? Only the most serious charges in Wisconsin qualify as Class A felonies.  Below is the list: First-degree intentional homicide Repeated sexual assault of a child First-degree sexual assault of a child Although this list is indeed short, the legislature deemed these the most serious crimes in…