The Legal Differences between Assault and Battery

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Although you often hear the term assault and battery as one phrase, they are actually very different.  Assault is one thing and battery is another. If someone has been battered, they have likely been assaulted as well, although the reverse is not necessarily true. What is true is that there are a variety of different circumstances that can give rise to charges of assault and/or battery, and the potential penalties depend on the facts of each case.

Assault and Battery Defined

In general, assault is defined as something which causes another person to fear imminent bodily harm. No physical contact is necessary for a person to be assaulted. Assault charges are often pursued in civil court, along with battery charges or independently.

In Wisconsin, Battery charges carry varying levels of criminal fines and penalties, and there are many types of battery in Wisconsin. The term battery is generally defined as the use of force against someone with the intent to injure them. There are special provisions governing your case if you are charged with aggravated battery, battery against an unborn child, or battery against a witness, judge, or other public figure. Because the terms assault and battery are used so loosely and interchangeably in the general public, and can mean so many different things even under the law, it is crucial that you have an experienced Milwaukee criminal defense attorney by your side to aggressively defend you.

Penalties for Battery

Causing physical harm to another individual, unborn child or the mother of an unborn child can result in a Class A misdemeanor charge under Wisconsin law, which carries penalties of up to nine months in jail and a fine of $10,000. You can be charged with felony battery, however, if there is substantial injury to the alleged victim, or “great bodily harm”. Great bodily harm occurs when the victim dies, suffers permanent injury or disfigurement, or loses some body function for a long period of time.

Depending on the circumstances surrounding the battery charges and the amount of harm done to the alleged victim, you face a prison term between 3.5 and 15 years when charged with felony battery, and fines ranging from $10,000 to $50,000.

If you are charged with battery, you need a seasoned Milwaukee criminal defense attorney in your corner defending your rights. Call or email us today for a complimentary consultation so we can discuss your charges.

Source:

http://docs.legis.wisconsin.gov/statutes/statutes/940.pdf

Defending against Sexual Assault

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Charges of sexual assault are very serious and should not be taken lightly. Aside from their seriousness, they are also embarrassing and carry stigma that will follow you the rest of your life, even if you are innocent of the accusations.

Wisconsin law has different categories of sexual assault, but it is generally defined as non-consensual sexual intercourse, through the threat of force, violence, pregnancy or that causes great bodily harm. The most commonly known form of sexual assault is rape. Sexual assault charges carry hefty penalties depending on the degree:

  • First degree sexual assault is a Class B felony, which carries up to 60 years in prison;
  • Second degree sexual assault is a Class C felony, which carries up to 40 years in prison and/or up to $100,000 in fines;
  • Third degree sexual assault is a Class G felony, which carries a prison sentence of up to 10 years and up to $25,000 in fines, or both; and
  • Fourth degree sexual assault is a Class A misdemeanor, which carries a fine up to $10,000 and/or up to nine months in jail.

Why You Should Hire an Attorney

Sexual assault charges and convictions bear heavy legal and personal consequences, as stated above. You may even have to register as a sex offender, depending on the circumstances of your case. Another added consequence is that many municipalities now have ordinances restricting where a sex offender may reside.  In order to preserve your reputation and freedom, you should retain an attorney to assist in your defense.In 1995, one man was tried by a jury, convicted of sexual assaulting a former co-worker and sentenced to 25 years imprisonment. During that case, the accuser identified the man as the attacker, even though the assailant wore a mask and never spoke during the incident. He claimed innocence.

Last month, a Racine County Circuit Court Judge overturned the man’s conviction and ordered a new trial, due to new evidence that arose in 2013, supporting his innocence. A rape kit taken from the accuser was submitted to the State Crime Lab for a DNA test in 2013 and it connected the DNA to another man, a serial rapist, who is serving time for an unrelated case.

Consult an Attorney

If you are facing sexual assault charges, you should immediately contact an experienced Milwaukee criminal defense attorney who will thoroughly investigate your case, vigorously advocate on your behalf, and fight each element of the prosecution’s case to ensure that you do not end up serving time in prison for a crime you did not commit.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/50

http://journaltimes.com//local/crime-and-courts/man-accused-in-attack-to-go-home-new-trial-ordered/article_650d47a9-a512-56be-b568-61f15e62830a.html

The Crime of Battery in Wisconsin

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Whether your team wins or loses, highly anticipated sporting events often make people do things and say things that are out of their general character. In addition to spikes of OWI arrests after large sporting events, there is often a measurable increase in crimes of battery. An example of this occurred recently after the Wisconsin-Indiana football game.The Incident

The incident occurred after the October 3rd game between the Hawkeyes and the Badgers, at which the Hawkeyes defeated the Badgers by a score of 10-6. As a 15-year-old boy wearing Iowa Hawkeyes apparel was leaving the stadium with his friends, a Wisconsin fan allegedly punched him in the face. According to the boy, he was “mildly” teasing his friend (a Badgers fan) about the Iowa win when the man approached him, punched him in the face, and then fled into the crowd. The police have not caught the man.The UW-Madison Police Department has classified this as a battery, and has asked the community for help finding the attacker. Although the boy suffered only minor scrapes and bruises, the police department issued a statement priding Badgers fans as being respectful to all fans, and noting that it is great sportsmanship that makes Badger game days one of the most well-known traditions in the nation.

Although the press release was sternly worded and the police are serious about maintaining proper decorum during college football games, it is highly unlikely anybody will be arrested for the battery on the 15-year-old Iowa fan, as the description given was of a 20-25 year old male wearing a red shirt and jeans, which matches literally thousands of people at the stadium on any given game day.What If the Suspect Is Caught?

If the police do make an arrest in this case, the alleged perpetrator will be likely be charged with battery. In Wisconsin, a person can be charged with battery if (s)he causes bodily harm to another person by performing an act with the intent to cause bodily harm to that person or a third person, without the consent of the person harmed. Put more simply, if you hurt somebody intentionally and also intended the resulting harm to that person (or another person), you can be charged with battery. Being charged with simple battery in Wisconsin is a Class A misdemeanor. There is a higher battery charge in Wisconsin, called substantial battery, and there are also aggravated battery charges, but this incident would not rise to those levels, as thankfully the boy’s injuries are minor. A Class A misdemeanor conviction is still punishable with up to nine months in jail, as it is the most serious of all misdemeanor charges.  It could also come with a $10,000 fine.Were You Arrested for Fighting at a Sports Event?

People make mistakes, especially when emotions are running high, like they do before, during, and after a major sporting event. If you were in an altercation at a sporting event or other public event and you are now being charged with battery, the skilled Milwaukee criminal defense attorneys at our office are ready to protect your rights and fight for your freedom. Call us today at 414-271-1440 or send us an e-mail for a consultation.

Sources:

https://washingtonpost.com//early-lead/wp/2015/10/05/wisconsin-fan-punches-15-year-old-iowa-fan-in-the-face-after-badgers-loss/

http://uwpd.wisc.edu/incident_reports/battery-investigation-at-camp-randall/

Hit and Run Laws in Wisconsin

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Did you know that if you are involved in a car accident, even if you are rear-ended, sideswiped, or otherwise not at fault, it is your legal duty to stop immediately? Once you stop, there are other legal requirements you must follow. Failure to comply with the duties imposed by Wisconsin law after an accident can result in serious trouble. You will be charged with hit and run, which can be either a misdemeanor or a felony, depending on the severity of the accident. At worst, it is punishable with jail time and steep fines.

What Are Your Legal Obligations after an Accident?

Wisconsin law imposes several requirements on drivers after an accident. Whether you believe yourself to be at fault or not, the law requires you to stop your car immediately if you have been involved in an accident with another vehicle, bicycle, or pedestrian. You must do this even if the accident is minor, and there is no bodily injury or even visible property damage.

Once you stop, you must provide your name, address, and registration to the driver of the other vehicle (and any passengers who request it). You must also show your driver’s license to the other driver, if it is requested.

If there are injuries that result from the accident, you must also provide reasonable assistance. This includes calling an ambulance, or physically taking the injured party or parties to the hospital.

Wisconsin also imposes a duty to report accidents to the police, in many circumstances. There is a provision in the law which allows drivers who made a bad decision and left the scene of an accident 24 hours to rectify the mistake and self-report, and thereby avoid facing any criminal charges. Failing to do any of these things can result in hit and run charges.

Possible Penalties

Hit and run cases can be brought as misdemeanor charges or felony charges, depending on the extent of the damage and injuries. If nobody is injured and property damage is minimal, you may be charged with a Class B or C misdemeanor, which carries the possibility of up to three months in jail and a fine from $300 to $1,000. If there is some injury as a result of the accident, but nobody suffers “great bodily harm” you can be charged with Class A misdemeanor hit and run, which carries a possible jail term of up to nine months in jail, and fines of up to $10,000.

If anybody suffered serious bodily harm as a result of the accident, you will be charged with felony hit and run, a Class E felony. Class E felonies carry the potential jail sentence of up to 15 years and fines of up to $50,000. In the event that somebody dies at the scene, you will face Class D Felony hit and run charges, and could go to jail for 25 years, as well as face fines up to $100,000.

Contact Milwaukee Hit and Run Defense Attorneys Today

If you are facing hit and run charges stemming from an accident, the experienced Milwaukee criminal defense attorneys at our firm can help. We understand that there are many explanations and valid defenses to hit and run claims and will help you rectify any mistakes you may have made after an accident. Call us today at 414-271-1440 or email us for a no obligation consultation.

Sources:

https://docs.legis.wisconsin.gov/2005/statutes/statutes/346/XI/675

https://docs.legis.wisconsin.gov/statutes/statutes/346/XI/69

Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing

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Perception is a funny thing; rather than being based upon facts, it is the thoughts and beliefs of one more individuals. And it is often incorrect. Case in point: 70 percent of Americans recently reported that they believe crime is rising, but statistical analysis shows that, over the last decade, crime rates have dropped. Such information shows there is a major disconnection between the perception of crime in the U.S. and the reality.

Violent Crimes in the United States

Each year, the U.S. Department of Justice, Bureau of Justice Statistics, compiles the crime rates for America. In regard to violent crimes, such as rape, sexual assault, robbery, and assault, the overall rates have declined drastically going from 80 victimizations per 1,000 persons in 1994 to 19 per 1,000 in 2010. In the state of Wisconsin, violent crimes have increased slightly, overall, going from 13,748 incidents to 16,714 in the same time period, but sexual assault and burglary crimes have declined.

Perception Is the Same, Even among Non-Victims

Although it would make sense that victims have a heightened perception of crime, the recent survey found that this was not a factor in America’s perception of crime. Instead, both victims and non-victims seemed to believe that, when it comes to crime, there is simply more of it.

How Perception May Impact Prison Reform Initiatives

Federally, and in many states, prison reform is happening. President Obama has commuted the sentences of nearly 90 nonviolent offenders, and state legislators are pulling for changes to parole options, bail bonds, and time served for nonviolent criminal offenders. The goal is to try and return as many citizens back into the workforce as possible, instead of keeping them imprisoned where they only drain the system.

Unfortunately, Americans may interpret the proposed changes as a threat. As a result, lawmakers may meet a great deal of resistance in passing any bills due to an ill perceived notion that these prisoners could be dangerous when, in fact, nothing could be further from the truth. Most of these offenders have been charged with drug crimes or white collar crimes; they pose no real threat and certainly could reintegrate back into society.

Facing Criminal Charges? Seek Skilled Legal Representation

When facing criminal charges, it is important to seek qualified, professional help early on to ensure your rights are protected. At Gimbel, Reilly, Guerin & Brown, LLP, we provide all of our clients with the attention, communication, and representation they deserve. Schedule a consultation and discuss your legal needs with our skilled Milwaukee criminal defense attorneys by calling 414-271-1440 today.

Sources:

http://allgov.com//unusual-news/70-of-americans-think-crime-rate-is-rising–but-it-isnt-151106?news=857794

http://disastercenter.com/crime/wicrime.htm

New Study Could Change How Touch DNA Is Used in Criminal Cases

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Beginning in 1986, human DNA testing began to revolutionize the criminal justice system by providing law enforcement and the courts with far better identification evidence by which to prove either the innocence or guilt of a suspect. However, DNA evidence and matches are not infallible; and a recent study suggests that we must, once again, consider just how valid such evidence against an individual may be. Touch DNA Sensitivity Today DNA is found within every chromosome and cell of our bodies. It can also be transferred from skin to a surface; this is known as “touch DNA.”  Pulled from everything from guns to doorknobs, touch DNA is one of the most widely used forms of DNA evidence in criminal investigations. Initially, large samples were needed for testing, but technology has advanced so much that now we only need a small trace. This has both pros and cons. On the positive side, we can detect the presence of human DNA much more easily. On the negative side — as highlighted by the recent stud y— sampling may actually pick up traces of DNA through second person transfer and the risk of contamination and false match is greater. All It Takes Is a Handshake Two graduate students from the University of Indianapolis recently paired up with the university’s director of Molecular Anthropology Laboratory to determine if they could pick up traces of touch DNA from someone that had never touched an item (secondary DNA). Subjects from the study were instructed to shake hands for two minutes. Then, one was asked to touch a test knife. The other subject never came into contact with the test knife. In 85 percent of the samples, researchers were able to pick up traces of DNA from individuals who had never come into contact with the test knives. It was transferred during the handshake and was left behind by the handler. The implications of this is startling and disturbing, as innocent people could be charged with crimes based on an erroneous match Changes in How Forensic Evidence Is Viewed Forensic scientists still do not completely understand how DNA transfers from a person to an object. Secondary transfer may not be the same during brief contact, or when touching rough objects, or when dealing with certain materials. However, this new study and the potential for cross-contamination and false positives are bound to change how DNA is used in criminal cases. It may also be quite important for those who have already been convicted based on DNA matches and other types of forensic evidence.  For further reading on the need to improve various types of forensic evidence analyses utilized by law enforcement, see the 2009 study by the National Academy of Sciences, “Strengthening Forensic Science in the United States: A Path Forward.” Facing Criminal Charges? You Need Knowledgeable and Aggressive Legal Help When facing an investigation or criminal charges, you need an attorney that is willing to carefully examine the evidence to prepare a solid defense case. When dealing with forensic evidence like DNA, you need experienced defense counsel, who are knowledgeable both in the law and the science. Our team is comprised of highly-skilled litigators, some of whom have worked on the police force, as criminal prosecutors, justice department investigators and have science backgrounds.  Schedule your consultation with one of our knowledgeable and experienced Milwaukee criminal defense attorneys by calling 414-271-1440 today.

Source:

https//ncjrs.gov/pdffiles1/nij/grants/228091.pdf http://fox59.com/2015/11/10/new-study-says-your-dna-can-show-up-at-a-crime-scene-even-if-you-were-never-there/ https://uindy.edu/2015/10/28/study-raises-question-about-dna-evidence http://innocenceproject.org/causes-wrongful-conviction/unvalidated-or-improper-forensic-science

Technology, Privacy, and Crime: Right to Privacy Lines Blur in a Technology-Driven World

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Technology has truly become an integrated part of our lives, affecting all that we do. In fact, very few Americans ever leave their homes without some sort of electronic device in tow. For the most part, the infiltration is benign and offers enjoyment, connection, and education. But the speed at which technology has advanced does have its drawbacks, namely where the law and our right to privacy is concerned.

What Americans Are Giving Up

At any given moment, we could be recorded on one or more cameras at a business establishment, on someone’s home security system, or even on a cell phone. Cell phones can become tracking devices, and social media accounts, which often detail almost every aspect of our lives can give away where we have been, what we have been doing, and who we were with while doing it.

We have given up so much of our privacy without so much as a second thought, and in doing so, we have left ourselves open to exploitation. Criminals, sex offenders, cyberstalkers — the list of whom we leave ourselves open to is endless. But there is one privacy predator you may not have considered.

Law Enforcement and Technology Today

Instances of shooting, drug dealing, robbery, murder, and rape have all been caught on camera or tracked through GPS location from a cell phone or via social media. Even DNA testing, a technology that identifies individuals based on their genetic makeup, can come into play when attempting to solve a crime. But what does all this technology in law enforcement mean? And how is it used?

When Privacy Is No Longer Protected

For all its benefits, technology is advancing faster than lawmakers can understand it, let alone make new laws to govern it. That means our right to privacy can and may be violated on any given day and at any given moment. We can be questioned and even arrested based on information that may have been obtained without “reasonable cause.” And even the most innocent of information may be used against us to build a case. Essentially, we are all at the mercy of someone else’s interpretation of what is fair game.

Facing Criminal Charges? Hire a Skilled Defense Attorney

Do not allow chance, unlawfully obtained information, or circumstantial evidence determine your fate. Instead, hire a defense attorney that understands and is willing to protect your Fourth Amendment rights in a criminal case. At Gimbel, Reilly, Guerin & Brown, LLP, we understand the importance of prompt, personalized, high-quality representation, and we take your legal issues seriously. Schedule your consultation with a Milwaukee criminal defense attorney willing to go the extra mile. Call 414-271-1440 today.

Sources:

http://washingtontimes.com//2015/oct/25/law-enforcement-gets-high-tech-help-to-fight-crime/?page=all

http://scotusblog.com/2013/02/argument-preview-crime-technology-and-privacy/

State Advocacy Groups Discuss the Problematic Costs of Wisconsin Corrections Program

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Incarceration costs are a part of every state’s budget. For Wisconsin it is much higher than the national average. The state advocacy group, Wisconsin Budget Project, recently discussed those costs and why they exist. They also discussed ideas for reform, and how some initiatives may help to reduce spending.

Incarceration Disparities Damaging Minority Communities

When compared to the rest of the nation, Wisconsin has the highest percentage of incarcerated black men — 12.8 percent (which is twice the national average) — and is also leading the nation in the number of Native American men behind bars. This incarceration means that there will be fewer job opportunities for these minorities once they are released, which leaves them struggling to support their families and their communities.

Options for Reducing Corrections Costs

Although reform cannot happen overnight, the advocacy center did have some valid suggestions for cutting back on the state’s higher than average costs on correction programs, including:

  • Expansion of mental health and addiction programs to reduce the number of incarcerated minor crime offenders;
  • Parole and probation program reforms to avoid revocations without new convictions (which accounted for four out of every 10 admissions to Wisconsin prisons in 2014);
  • Expansion of the state’s transitional job program that would help those leaving incarceration to obtain and keep jobs that support their families and their communities (New York’s similar initiative determined that every dollar invested saved taxpayers more than two dollars);
  • And an initiative that would prevent employers from asking about former convictions until later in the interview process, which would give formerly incarcerated individuals an opportunity to compete based on skills and experience and explain their situation (although in Wisconsin, it is illegal to discriminate against a job applicant because of a criminal record, unless the reason for conviction is related to the type of employment.)

Facing Criminal Charges? Hire an Aggressive and Qualified Criminal Defense Attorney

It is very difficult to turn things around once you have entered the criminal justice system. As such, those facing criminal charges are highly advised to seek assistance from an aggressive criminal defense attorney.

At Gimbel, Reilly, Guerin & Brown, LLP, we have more than 250 years of combined criminal defense experience. We are dedicated to serving our clients, we know what it takes to build a strong defense for your case, and we always strive to achieve the best possible outcome. Schedule your initial consultation with our Milwaukee criminal defense attorneys today by calling us at 414-271-1440.

Source:

http://host.madison.com/ct//local/crime-and-courts/report-time-to-address-corrections-spending/article_969ebf6a-1083-5d48-bdc6-848f618fc9b1.html

Recent Release of New York Police Officer Highlights Difference between Criminal Intent and Fantasy

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Some cases are black and white, with a clear line between right and wrong. Other times, the facts are more obscure, hazy, even gray. Case in point: the recent release of a New York police officer who was recently acquitted of all criminal charges after a jury convicted him of plotting to kill and eat women.

Fetishes and the Internet

Fetishes are not always taboo subjects or acts of a violent nature, but sometimes they are. Discussions about them can be found online in chat rooms or fanfiction sites. As with many topics on the internet, no fetish is too grotesque, too violent, or too disturbing. Often, it is a manifestation of fantasy — acts that the writers and readers would never actually commit that leads to criminal charges. But, because of other evidence, investigators believed it was possible the New York officer just might commit the acts he discussed on the internet.

The Fine Line between Fantasy and Intent

Originally, the officer was charged because prosecutors said he had taken concrete steps to put his plans into action. He allegedly used the police database to look up information about women, and had allegedly researched recipes for chloroform. But even if he had done those things, did that necessarily prove intent to commit a crime?

While the first jury believed that, yes, it did, an Appellate Court said the evidence failed to prove intent. The Appellate Court ruled that the officer was wrongly convicted for mere fantasies and for allegedly pretending to commit a crime, citing that the law cannot criminalize thoughts. Only actions.

Putting It in Context

Many people  occasionally  say things they do not mean. In the context of the New York officer’s charges, expressions like, “I could kill my boss/child/husband” could be misconstrued and treated as intended violent crimes. Of course, most people know these expressions are just words; however, in  context where the words are gruesome, detailed, or frightening, the intention may not be as clear. Regardless, it is important to understand that, while your thoughts do have power, you cannot be criminally convicted for them.

Facing Criminal Charges? Seek Help from an Experienced Criminal Defense Attorney

Need help dealing with your criminal charges? Contact the skilled  Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP. We believe your case deserves our full attention, and we are dedicated to understanding your case, representing your rights, and helping you achieve the best possible outcome. Call us at 414-271-1440 today to schedule your initial consultation.

Source:

http://reuters.com/article/us-new-york-crime-cannibal-idUSKBN0TM20820151203

Wisconsin DNA Database an Infringement on Privacy, Lawmaker Says

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When charged with a violent crime in Wisconsin, defendants must submit to a sample of their DNA to be collected, stored, and cataloged in a state database. Those records stay there, even if the individual’s charges are ultimately dismissed by a judge.  This has some lawmakers concerned about the privacy rights of non-convicted individuals. A bill, set to be presented to the Senate in 2016, is an attempt to remedy the issue.

History of the DNA Database

In 2013  Governor Scott Walker and the state’s Attorney General introduced the idea of a state database containing DNA evidence of those arrested for violent felony offenses.. Representative Dean Knudson and other lawmakers raised concerns over the privacy rights of those that were ultimately vindicated from criminal charges, but nothing was done about these concerns at that time.

Since then, thousands of profiles have been collected on individuals charged with rape, murder, battery, kidnapping, stalking, arson, auto theft, and more. Even though only a percentage of those arrested and forced to submit to DNA samples, have actually been convicted of a crime, each and every profile remains listed in that database, unless the individual goes through extensive action to have their DNA samples removed from the database.

The Problem with DNA Samples Removed from the State’s Database

Under current law, those who are charged with crimes but ultimately are not convicted, have the right to request that their DNA profile be expunged from database. However, this requires a great deal of time and resources on the part of the individual, including an investigation from the state to ensure that the individual does not have any pending charges. Ultimately, it places the responsibility and frustration on the individual, rather than the government that collected the information in the first place.

Bill Not Expected to Go Far

The bill, to be introduced in 2016 would require the state to expunge any DNA records of individuals who were charged, but ultimately not convicted of a crime. Unfortunately, not even the lawmakers who are sponsoring the bill expect it to gain much traction. This is due, in part, to the fact that some of the individuals affected by mandatory DNA samples are already regulars in the criminal justice system. Another potential issue is that members of law enforcement use the database as an invaluable resource when it comes to solving both cold cases and new crimes. Of course, whether or not it is valuable becomes irrelevant when it is a violation of both privacy and civil liberties of Wisconsin citizens.

Charged with a Violent Crime? Seek Assistance from an Experienced Criminal Defense Attorney

Have you been charged with a violent crime? Gimbel, Reilly, Guerin & Brown, LLP, can help. Dedicated to high-quality, aggressive representation, we will take the time to listen to your concerns, ensure your rights are protected, and help you pursue the best possible outcome for your unique situation. Learn more by scheduling your initial consultation with our experienced  Milwaukee criminal defense attorneys. Call 414-271-1440 today.

Source:

http://rivertowns.net//government/3900132-investigative-tool-or-privacy-violation-bill-would-expunge-dna-records