By Attorney Nicole Masnica

Recent events in Kenosha have raised questions about Wisconsin’s laws regarding the use of a firearm in self-defense. While we make no judgments regarding any ongoing cases, it is important for all Wisconsin residents to understand their rights to self-defense according to state law, especially if they find themselves under attack or facing criminal charges. Cases involving self-defense can be complicated, and if you are facing charges, your best option to avoid a conviction is to hire an experienced criminal defense attorney who can develop a strategy based on a thorough understanding of the law.

When Is Self-Defense Legally Justified in Wisconsin?

Wisconsin law allows you to threaten or use force against another person when you reasonably believe that they intend to do you harm or illegally interfere with your person. However, you are authorized to use only the force necessary to prevent the harm or interference from occurring. This means that you may only use deadly force in self-defense if you reasonably believe that it is necessary to prevent someone from killing or doing great bodily harm to you. You are also permitted to use force to defend a third party if your intervention is necessary to protect him or her from harm.

A disorderly conduct ticket could result from a number of different circumstances. No matter where you are — a restaurant, bar, or beach front — it is not uncommon to witness an individual display unruly behavior. Wisconsin law defines disorderly conduct as indecent, violent, profane, boisterous, abusive, unreasonably loud, or otherwise disorderly behavior that provokes or causes a disturbance in a public or private area. If you have been issued a disorderly conduct ticket, it is critical that you contact a criminal defense attorney right away to avoid further criminal consequences.

Disorderly Conduct Penalties

Depending on the severity of the disorderly conduct ticket, several different penalties could arise, such as: 

• Fines. The highest possible fine is $1,000 and the amount owed is determined by the court.
• Time behind bars. A jail sentence of up to 90 days can be mandated.
• A probation agreement. This may include an order for the defendant to be enrolled in counselling such as therapy or anger management courses.
• Community service hours. The court may require the defendant to complete services for public institutions in exchange for a smaller sentence.
• Weapon restrictions. If a firearm was used in the disorderly conduct incident, the court can order that the defendant may not possess a firearm for a certain length of time.
• A restraining order. This would include an order to avoid contact with the victim and his or her whereabouts, such as home and place of employment.

Collateral Consequences

As with any conviction, a finding of guilt can cause various collateral consequences. If you have been charged with a disorderly conduct ticket and are seeking employment, you might not be considered because the employer may believe you will exhibit chaotic and/or violent behavior while at work. Additionally, if you are looking to rent an apartment or a house, the landlord might not accept your application in fear that you will disturb those living in the complex or surrounding community. There are several long-lasting negative effects of a disorderly conduct charge, so it is important to explore all potential defenses. An experienced criminal lawyer can help reduce or dismiss your charges altogether. 

By Attorney Nicole Masnica

The COVID-19 crisis and statewide quarantine required many families to stay in their homes together for far more time than under normal circumstances. This difficult time has been complicated even further because many have suffered financially, lost employment and have had to deal with a disruption in school or care for their children. Unfortunately, these added stressors can result in an unstable and tumultuous home life and even in the worst circumstances, domestic violence.

Domestic violence affects families around the nation and throughout the world. Discord in familial relationships is very complex, and if you have been accused of perpetrating this type of sensitive crime, you will want to understand the nature of the charges, your options for defense, and how a criminal prosecution and conviction for this type of offense can impact your family and life going forward.

By Attorney Nicole Masnica

As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. You will also find two provisions titled “Theft” (Wis. Stat. §943.20) and “Retail Theft” (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney. 

Theft Charges Under Wisconsin Law

According to Wis. Stat. §943.20, a criminal theft is one of the following acts:

By Attorney Nicole Masnica 

Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute. 

If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.