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Heroin and Homicide Charges in Wisconsin
Heroin addiction is growing in Wisconsin and throughout the nation, and lawmakers are attempting to discourage this through the adoption of harsh legal penalties. Just this past June, a 36-year-old woman was sentenced to five years in prison for reckless homicide after providing heroin to a man that overdosed. She was not accused of being a drug dealer, but was still charged and imprisoned for homicide for providing heroin which resulted in death.
What Is Reckless Homicide in Wisconsin?
You can be convicted of first degree reckless homicide in Wisconsin, which is a Class B felony, if a prosecutor proves that you caused the death of another person under circumstances that show utter disregard for human life. In the circumstances described above, however, the Wisconsin legislature has determined that the appropriate charge is a Class C felony.
Will Milwaukee Patrol Officers Have Body Cameras by the End of 2016?
The past several years have seen a rise in tension between police officers and the communities in which they work, especially African American communities. Since the death of Michael Brown and the unrest in Ferguson, calls have grown louder in Wisconsin and around the country for reform. One particular reform that is being implemented in major cities throughout the country is the use of body cameras on police officers. Similar calls have been made here in Wisconsin, with differing success to date. A Tale of Two Cities There is good news on the horizon for Milwaukee residents who have been the victim of police brutality in the past. By the end of 2016, the entire Milwaukee police department may be outfitted with body cameras, much sooner than police officers in many other big cities throughout the United States. This is what the mayor of Milwaukee has proposed, and it will cost $880,000 to implement in the 2016 budget. This comes on the heels of many tense moments between police and citizens in the past year, as well as a White House task force that reported that body cameras reduce officers’ use of force and complaints about excessive force. At the same time Milwaukee is poised to lead the nation on this issue, an advisory board in Madison voted four against two in September against a pilot program requiring patrol officers to be outfitted with body cameras. A petition has been started, however, by concerned citizens to also require Madison officers to be equipped with body cameras, based on a high number of excessive force complaints. What to Do in the Meantime The budget for body cameras in Milwaukee has still not been approved, and there are no plans on the horizon for Madison officers to be outfitted with body cameras. The rest of Wisconsin lags behind the major metropolitan areas. In the interim, we continue to hear stories of citizens who feel their rights were violated by the police when they were arrested. Of course, many police officers are overwhelmingly decent and law-abiding citizens, who protect the rest of us at great personal risk to their own safety. However, there are cases in Wisconsin and throughout the nation where people’s rights are violated by overzealous police officer or in other situations where tempers flare. Do You Think Your Rights Have Been Violated by the Police?
Internet Sex Crimes
You are most likely familiar with the crimes associated with child pornography and prostitution, just from watching television. What you may not know is that these crimes are sometimes part of a subset of crimes referred to as Internet sex crimes. If you are accused of, or arrested for, an internet sex crime, you are already facing life-altering and permanent damage to your reputation. Your family relationships and employment status can also be negatively affected just from the allegation alone.
Because of the nature of these crimes and the serious repercussions just the accusation brings, it is important to be proactive if you think you might be accused of or arrested for an internet sex crime. Being proactive begins with consulting an experienced, aggressive criminal defense attorney.
What Are the Various Internet Sex Crimes?
The Legal Differences between Assault and Battery
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.
Defending against Sexual Assault
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
The Crime of Battery in Wisconsin
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.
Hit and Run Laws in Wisconsin
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.
Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing
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.
New Study Could Change How Touch DNA Is Used in Criminal Cases
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.
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Technology, Privacy, and Crime: Right to Privacy Lines Blur in a Technology-Driven World
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.
