By: Attorney Adam Schleis and Law Clerk Nancy Cattani

For those who are facing criminal charges, it is important to understand the distinction between different types of property crimes. These cases involve accusations of taking another’s property without permission..Criminal charges for theft can range from a Class A misdemeanor to a Class F felony with the specific penalties being based on the value and type of property that was allegedly stolen. However, if a person is accused of taking property directly from a person by using force or the threat of force, robbery charges may apply. Since robbery is considered a violent crime, more serious felony charges will apply, and a person may also face other related charges, such as assault. By understanding when an alleged offense may lead to robbery charges and the penalties that may apply for a conviction, criminal defendants can make sure they are taking the correct steps to defend themselves.

Understanding Robbery Charges Under Wisconsin Law

Wis. Stat. § 943.32 defines the offense of robbery, and states that a person can be charged with  robbery if they took money or property from someone else through the use of force or by threatening to use force. 

By: Attorney Nicole Masnica 

Human trafficking is a serious criminal offense that can result in severe legal consequences in the state of Wisconsin. The state's laws on human trafficking cover a wide range of activities related to transporting or harboring people to perform labor or engage in commercial sex acts. A person found guilty of human trafficking can face severe legal consequences, including imprisonment, hefty fines, and a lifelong criminal record. If you are facing charges of human trafficking or other sensitive crimes in Wisconsin, it is essential to understand the nature of the charges and the potential penalties of a conviction.

What Is Human Trafficking?

According to Wisconsin statute 940.302, human trafficking occurs when a person intentionally recruits, entices, transports, or harbors another individual for the purpose of labor or sexual exploitation. Human trafficking can involve many different activities, including:

By: Attorney Nicole Masnica

Children are considered to be some of the most vulnerable members of society because they are unable to fully protect themselves, and they rely on parents or guardians to meet their needs. For this reason, crimes committed against children are taken very seriously by law enforcement, and the consequences of a conviction can be severe. Charges of crimes against children can have a significant impact on a person's reputation, freedom, and future. Anyone who has been accused of these sensitive crimes will need to understand the nature of the charges against them and their options for defense.

Criminal Offenses Involving Children in Wisconsin

Crimes against children may involve any offenses in which a person is accused of causing harm to a minor or engaging in actions that could put a child at risk of harm. These charges may include:

Drug crimes are some of the most serious offenses in Wisconsin. Many of these offenses are related to the possession of controlled substances. A person who is found to have illegal drugs on their person, in their home, or in their vehicle can face penalties such as jail time, fines, probation, and mandatory drug treatment if they are convicted of drug possession offenses. However, if a person is accused of distributing drugs to others or engaging in the business of manufacturing, transporting, or selling controlled substances, they may face more serious charges related to drug distribution or drug trafficking.

The State of Wisconsin takes drug offenses very seriously, and the penalties for a drug distribution or drug trafficking conviction can be severe. In some cases, federal charges may apply. It is important for defendants to understand the potential consequences they may face, as well as their options for defense.

State-Level Charges for Drug Manufacturing, Distribution, or Delivery

Drug distribution generally refers to any situations where controlled substances are transferred from one person to another, except in situations where drugs are administered by medical professionals or dispensed by a doctor or pharmacy. In addition to criminal charges for selling, transporting, or delivering drugs, a person may also be accused of manufacturing controlled substances. Manufacturing may include any type of production or packaging of controlled substances, and it can range from growing marijuana plants or operating a meth lab to dividing and labeling drugs in separate containers or packages.

Sexual assault is one of the most serious criminal offenses a person can be charged with in Wisconsin, and law enforcement officials and prosecutors take these cases very seriously. A conviction for this type of sex crime can lead to severe consequences that can impact your life in countless ways. If you have been charged with sexual assault or a related offense, it is important to understand the potential penalties you may face if you are convicted. In these situations, representation by an experienced criminal defense attorney is crucial, and your lawyer can advise you of your rights, help you understand your options for defense, and advocate for the best possible outcome to your case.

Please note that this section discusses sexual assault charges in which the victim is an adult. Charges involving underaged victims are not discussed elsewhere.

Under Wisconsin law, there are four degrees of sexual assault, with first-degree being the most severe and fourth-degree the least. The following definitions are useful in understanding the severity of a sexual assault claim.

Accusations of any type of criminal charges can be troubling, and those who have been arrested and charged with crimes may be unsure about their options for defense. However, charges of homicide, murder, manslaughter, or related offenses can be especially serious, and being accused of these types of offenses can be an incredibly frightening situation. It is important for criminal defendants to understand the laws that address homicide in Wisconsin and the circumstances that can lead to these types of charges. With the help of a skilled and experienced criminal defense attorney, a person can determine the best defense strategies in these situations.

Homicide Charges Under Wisconsin Law

Homicide is a term that refers to the unlawful killing of another person. Under Wisconsin law, there are several different categories of homicide charges, each with its own set of circumstances and potential consequences. These offenses include:

• First-degree intentional homicide - This is the most serious homicide charge in Wisconsin. It may apply in situations where a person is accused of intentionally causing the death of someone else. A person may be charged with first-degree homicide if the act was premeditated or planned. However, defenses against these charges may be based on mitigating circumstances, such as the use of deadly force by a person who believed this was necessary to defend themselves or someone else against death or great bodily harm or to prevent someone else from committing a felony offense. First-degree intentional homicide is a Class A felony, and a person who is convicted may be sentenced to life in prison.

  ...

Many people believe that the criminal justice system in the United States is broken. People are often tried and convicted of crimes and subject to harsh sentences, even for low-level crimes such as drug possession or theft. Criminal arrests and convictions can have significant effects on people's lives, since a criminal record may prevent them from obtaining employment, education, or housing, and it may disqualify them from receiving professional licenses. Many people struggle to reintegrate into society after serving their sentences, and they may feel that they have no choice but to engage in further illegal activity, which could lead to additional criminal charges, convictions, and prison sentences.

To help address this issue, the state of Wisconsin allows the governor to grant pardons to certain offenders. During his time in office, Governor Tony Evers has issued a record number of pardons, and he continues to use his authority to grant clemency and provide people with second chances. Recently, he pardoned 159 people, bringing the total number of pardons he has issued to 933. This is in contrast to the previous governor, Scott Walker, who did not issue a single pardon during his time in office, and Governor Jim Doyle, who granted fewer than 300 pardons during his two terms.

What Are the Benefits of a Pardon?

In Wisconsin, a pardon is a form of clemency granted by the governor to an offender who has completed their sentence and demonstrated rehabilitation. A pardon restores some of the rights that were lost as a result of a criminal conviction, such as the right to vote, own firearms, hold public offices, or obtain professional licenses. While a pardon does not erase a person's criminal record, it can serve as evidence of rehabilitation and good character. While prospective employers, landlords, or other parties may still be able to access a person's criminal record when performing a background check, they will see that a pardon has been granted, and this may influence their decisions. The process for seeking a pardon can be complicated, but those who receive clemency may have a second chance and a path toward a brighter future.

As people grow older, they tend to become more vulnerable to a wide range of physical injuries. Falls are one of the most common causes of injuries among elderly adults. Unfortunately, fall injuries can often be attributed to nursing home neglect or abuse. For family members of nursing home patients, it is crucial to understand when and how fall injuries can occur due to abuse or neglect. Some common issues that can lead to falls in nursing homes include:

Staff Shortages

Understaffing is one of the major causes of nursing home neglect, which can lead to fall injuries and other forms of harm to patients. When there are not enough staff members at a nursing home to properly care of all residents, the chances of falls occurring increases drastically. In many cases, elderly patients need assistance with mobility, and if they do not have someone to assist them, they may try to get up or move about on their own, potentially leading to a fall. Not only does inadequate staffing increase the risk for a resident to injure themselves attempting to move, but it causes other staff members to increase fall risks by moving residents without the proper equipment or number of staff assisting the resident.

Inadequate Staff Training

Nursing home staff members need to undergo extensive training to be able to identify and prevent fall risks. Sadly, some nursing homes cut corners and fail to provide adequate training to their staff members. When staff members are improperly trained and unaware of the risk factors associated with falls, patients are placed at a higher risk of suffering injuries.

The choice to end a marriage is rarely easy. Even if a couple is in agreement about the divorce, and both spouses are willing to work together to split amicably, there are numerous issues that will need to be addressed during the divorce process. Some of the most complex issues will be related to the division of marital property, and in addition to determining how ownership of different assets will be addressed, a couple will need to understand how these decisions will impact them financially. Tax-related issues can have a significant impact on both parties' finances after the divorce is finalized. It is important to carefully consider all tax-related issues when negotiating a divorce settlement to ensure that future financial complications can be avoided. Some tax considerations that couples may need to address during divorce include:

Filing Status

Generally, married spouses who file their taxes jointly have lower tax rates than those who file separately. Because of this, it may be beneficial for a couple to continue to file taxes jointly while they are still legally married. A couple who finalized their divorce on or before December 31 of a given year cannot file a joint return for that year. However, if the couple is still legally married on December 31, they can file a joint return. This may result in savings for both parties. In these situations, it will be important for a couple to understand how any tax refund they receive will be divided or who will be responsible for paying any taxes that are owed.

Tax Deductions and Credits

For parents who are going through divorce, one of the most important decisions to be made relates to which parent will claim children as dependents for tax purposes. Only one parent may claim a child as a dependent, which will allow them to receive tax credits and reduce the amount of taxes they pay. In many cases, the custodial parent—the parent with whom the child resides for more than half of the year—will be able to claim the child as a dependent. However, parents may agree to other arrangements. If parents have multiple children, each parent may claim one child as a dependent. Parents may also agree to alternate claiming one or more children as dependents each year. Parents should also be aware of other child-related tax credits they can claim, such as credits for childcare expenses.

Many people in Wisconsin enjoy drinking beer and other alcoholic beverages. Unfortunately, this leads some to get behind the wheel after they have had too much to drink. The use of other substances, such as marijuana, prescription drugs, or illegal narcotics, can also impair a person's ability to drive safely. Driving under the influence of alcohol or drugs is a serious offense in Wisconsin, and it is referred to as Operating While Intoxicated or OWI.

For individuals who get behind the wheel while intoxicated and cause an accident resulting in injury or death, the consequences can be severe. A driver who caused a crash because they were intoxicated may face various criminal charges, and a conviction may result in multiple types of serious penalties, including jail time, large fines, the loss of a driver's license, and damage to their reputation and their ability to find a job in the future. By understanding the criminal charges a person may face if they drive drunk and cause an accident resulting in injury or death, Wisconsin residents can work with an attorney to determine their options in these situations.

Injury by Intoxicated Use of a Vehicle

Wisconsin prohibits the operation of a motor vehicle such as a car, truck, or motorcycle by anyone who has a blood alcohol content (BAC) of .08 percent or higher, as well as anyone with an illegal or restricted controlled substance in their system or anyone who is under the influence of an intoxicating substance that has affected their ability to drive safely. While OWI on its own may result in a fine, license suspension, or misdemeanor charges, the penalties will increase significantly if a person causes great bodily harm to someone else because they were driving while intoxicated.