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Recent Blog Posts
The Harsh Reality of Being Charged with Retail Theft
In Wisconsin, an individual charged with retail theft could not only be the subject of a criminal lawsuit, but a civil one as well. What most people do not know is that retail theft is a very serious crime in Wisconsin. Not only do allegations of retail theft carry severe criminal penalties, but the idea of a civil lawsuit hanging over your head can be extremely pleasant.
Under Wisconsin law, retail theft ranges from a Class A misdemeanor to a Class G felony. If you are charged with the theft of items worth less than $500, you will be charged with a Class A misdemeanor and will be subject to punishment of up to nine months in jail and up to $10,000 in fines. But if you are charged with stealing over $10,000 worth of items, you could face up to $25,000 in fines and up to 10 years in prison. If you have prior retail thefts on your criminal record, you will be subject to harsher punishments.
Catching Fire: The Story of Arson
Historically, arson was narrowly defined as the malicious burning of the dwelling of another. This meant that you could only be charged with arson if you intentionally burned the residence of another. Today, especially under Wisconsin law, arson is a felony and has been expanded to include, by means of fire, the intentional burning of a building of another, without consent. This definition includes any building, or structure. You could even be charged of arson if you burned a motor vehicle.
Arson is a serious property damage crime and if you are convicted of arson, you could face steep fines and a lengthy prison sentence. There are distinctions in the law that determines the fines and possible jail time you could face if found guilty of arson. If you are found to have intentionally burned a building, you will face much more serious fines and jail time than if you were found to have negligently burned the building. Likewise, if you burn your residence down to collect the insurance money, you could be charged with arson and insurance fraud.
Conspiracy: The Punishment of Collaboration
Under Wisconsin law, conspiracy is defined as an agreement between two or more persons with the intent to violate the law. To be convicted of conspiracy, it has to be shown that an act was taken to further the goals of the conspiracy. Likewise, the same elements need to be proven under federal law.
Conspiracy boils down to a very simple concept. A conspiracy begins when one person agrees with one or more persons to commit a crime. As soon as any single member in the agreement takes a step towards carrying out the crime, the agreement becomes a conspiracy. This step is called an overt act and it does not matter how minimal it is. It does not matter if the overt act is a crime; further, even if you do not commit the overt act, you could still be charged with conspiracy.
For example, say you entered into an agreement with two co-conspirators, B and C, to rob a grocery store owner. B purchases a knife to threaten the owner of the grocery store. C steals a car to escape the grocery store at the time of the crime. You were on your way to meet B at the grocery store, but you were hit by a bus and taken to the hospital. B and C go to the grocery store, rob the owner and escape in the stolen car. You could be charged with conspiracy, even though you did not commit an overt act nor were you present when the crime was committed. The simple fact that you entered into an agreement to violate the law and a member to that agreement took an overt act to commit the violation, exposes you to criminal conspiracy charges.
The Harsh Truth about Facing Homicide Charges in Wisconsin
In our society, not all homicides are considered crimes. Homicide occurs when one individual takes the life of another individual. Depending on the circumstances, some homicides are lawful while others are unlawful. For example, murder and manslaughter are violations of criminal laws but a homicide committed in a justified action of self-defense is not considered a violation of criminal law.
- The negligent handling of a dangerous weapon, explosives or fire;
Defending against Health Care Fraud Charges
It would seem that every time you check the news, someone is being charged with healthcare fraud. For example, recently, a podiatrist was charged with committing 30 counts of healthcare fraud when he billed Medicare for trimming toenails of patients, which is not considered a medical procedure. Back in January, the Medical College of Wisconsin was charged with healthcare fraud when they billed the federal government for neurosurgeries involving resident doctors when supervising doctors were not present for key moments in the procedures, which is a requirement in order to receive compensation from the federal medical programs.
What is Healthcare Fraud?
The question remains — what exactly is healthcare fraud? In its simplest form, healthcare fraud occurs when a medical professional submits false statements to a federal medical program, such as Medicare, for procedures that were not performed or were not medically necessary. Sometimes, the medical professional will use the code for a procedure that pays more than the actual code of the procedure that was performed.
Sexual Assault Charges in Wisconsin
In most states, unwanted sexual encounters committed by force or threat of force are generally classified as rape. However, Wisconsin law defines rape as sexual assault.
According to the Wisconsin Statistical Analysis Center, almost 50 percent of sexual assault victims are acquaintances with the alleged perpetrator. Thirteen percent occurs between family members, while nine percent are said to occur in relationships. Therefore, over 72 percent of the alleged sexual assaults that occurred in Wisconsin during 2013 involved individuals who were friends, acquaintances, relatives or in intimate relationships.
Four Degrees of Sexual Assault
Depending on the circumstances of your case, you could be facing first or fourth-degree sexual assault. First-degree sexual assault is a narrow category of crime that occurs when you are charged with having non-consensual sexual intercourse with another person and pregnancy or great bodily harm results. Also, when the allegations involve force or the threat of force with a dangerous weapon, the charges would also fall under this category.
The Crime of Stalking in Wisconsin
Generally, stalking in its simplest form is defined as the unwanted pursuit of another. Many states have laws in place that prevent unwanted contact with strangers when that contact is threatening or dangerous. Sometimes, the extra attention given to a current or former significant other can turn into an invasion of privacy. Stalking usually involves a pattern of conduct where the offender causes the victim to fear for their safety.
According to Wisconsin law, an individual commits the crime of stalking when the individual acts in a certain way directed at a specific person that “would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself” or others close to him.
The course of conduct element requires two or more acts to be committed over a period of time. However, there is no specific time frame for the commission of those acts. Technically, you could be charged with stalking for two acts committed weeks, months or even years apart.
Vandalism: Silly Pranks Could Lead to Serious Fines or Imprisonment
Vandalism is defined as the act of damaging the property of another, which does not belong to you, and without the property owner’s authorization. Whenever you drive to work, or walk through the neighborhood, you see some form of vandalism on a daily basis. Vandalism can occur on public or private property. Graffiti can often be seen spray-painted on the outside of buildings, bridges, and abandoned automobiles. Sometimes, mailboxes are missing or found in pieces, shattered by baseball bats. Even throwing eggs on someone’s house or automobile is considered vandalism. Not only are acts of vandalism stupid, but also when they involve government property, they are serious crimes and cost taxpayers millions each year.
Commonly, vandalism is associated with disputes of the domestic nature. When individuals are engaged in an intimate relationship, the ex-partner might damage the others property in an attempt to get back at them. These attempts can be seen when the ex throws a brick through the former partner’s automobile window, or uses a key to scratch the outside of the automobile.
Consequences of a Drunk Driving Conviction in Wisconsin
Operating a vehicle while under the influence of drugs or alcohol can have some very serious consequences. Drunk driving charges not only have the potential to lead to a criminal record and incarceration, but they can also impact a future job, your family, reputation, driver’s license, and even your bank account.
According to the Wisconsin Department of Transportation, Wisconsin has the highest rate drunk driving across the nation. In 2012 alone, there were over 33,000 drunk driving convictions. Alcohol-related crashes injured approximately 3,000 individuals and killed another 223. Of all fatal traffic accidents that occurred within the state of Wisconsin during 2012, approximately 36 percent involved alcohol.
As you can see, law enforcement agencies across the state of Wisconsin have been aggressively cracking down on drunk driving. If you are charged with an OWI, you should consult an experienced OWI defense attorney who will significantly increase your chances of avoiding or mitigating the penalties associated with an OWI conviction.
Federal Wire Fraud: Connecting Prosecutors, Defendants and Correctional Institutions since 1956
When people hear the term white collar crime, many do not think of it as a serious enough crime to warrant the advice of an attorney, as crimes of violence typically do. White collar crimes, such as wire fraud, are non-violent crimes and are usually committed by professionals in government and business.
Recently, a host of wire fraud charges have been popping up across the United States and Wisconsin. A 64-year-old executive banker in Wisconsin was convicted on five counts of wire fraud on April 5, 2015 for fraudulent misrepresentations made in relation to a commercial real estate purchase. Likewise, on April 23, 2015, a 32-year-old Nigerian woman living in Chicago was charged with devising a fraudulent scheme in Wisconsin by creating fake profiles on Internet dating sites, targeting victims and convincing them to send money in exchange for fraudulent checks. The federal government charges individuals with wire fraud at a much higher rate than other crimes, such as tax fraud, healthcare fraud and securities fraud because, ultimately, it is much easier for them to prove.
