Recent Blog Posts
Are You Being Investigated for or Charged with Embezzlement in Wisconsin?
Embezzlement is considered a white collar crime in the state of Wisconsin. For a non-violent crime, there are rather steep penalties involved, so if you are charged with embezzlement in Wisconsin, you need immediate legal representation.
What Is Embezzlement?
Embezzlement charges are commonly brought in Wisconsin against a former employee accused of stealing from an employer, although embezzlement charges are brought in a host of other situations as well. Embezzlement is a crime that is committed when somebody who was trusted to maintain or manage another person’s property or money steals all or part of what they were entrusted with for personal gain. Embezzlement is a unique crime, as it is a combination of traditional stealing with the requirement that the person alleged to be the embezzler must have been in a position of trust by the victim.
The Charge of Substantial Battery
There are many different types of battery in Wisconsin. As such, you can be charged with battery and be facing either misdemeanor charges or felony charges. One type of felony battery in Wisconsin is known as substantial battery. If you are facing substantial battery felony charges, it is imperative you reach out to an attorney for immediate assistance.
Substantial Battery as Defined
The most important thing for you to understand about substantial battery is that the prosecutor does not need to prove that you intended to cause substantial bodily harm. All the prosecutor needs to show is that you intended to cause any bodily harm, and that suffices. It used to be that the prosecutor was required to prove that you intended to cause the “substantial” harm that resulted, rather than just any level of harm. That was a much easier standard to defend, especially since many times people lash out in the heat of the moment and the damage caused is far greater than what was intended.
Wisconsin Shoplifting Charges Vary Widely
Shoplifting is a common theft crime to be charged with, and in Wisconsin the penalties can range from non-criminal tickets to felony charges, depending on the value of what was taken. It is important to not only be familiar with the laws governing theft in Wisconsin, but also the laws specifically related to shoplifting. The law in this area is varied, and if you have been arrested for shoplifting, you need experienced legal help to guide you through the many regulations.
Wisconsin Laws Governing Theft
There are a number of circumstances in which you may be charged by the prosecutor with theft. For example, intentionally taking the property of another without their consent and with the intent to deprive the owner permanently of possession of the property is one form of theft. Using fraud or deceit to obtain the title to property of another person is also theft under Wisconsin law, as is using or otherwise retaining possession of money through your employment or business without consent. Even intentionally failing to return personal property erroneously left on your premises can be theft. Shoplifting, also called retail theft, falls under the first category.
Armed Robbery Charges in Wisconsin
Armed robbery is a violent crime legislated by statute in Wisconsin as a Class C felony. Depending on the specific charge, it is punishable by up to 40 years prison and up to a $100,000 fine.
To be convicted of robbery in Wisconsin, the court generally requires proof beyond a reasonable doubt that somebody else possessed the property in question; that the person charged with armed robbery took the property from the person in question with the intent to steal it; and that the defendant used or threatened to use force to take the property.
What Else Must the State Prove to Convict You of Armed Robbery?
Armed robbery, because of the great risk to the general public for violence, is punished severely in Wisconsin and elsewhere if you are found guilty. To prove armed robbery, in addition to the requirements above, the state of Wisconsin also needs to prove that at the time the property was stolen, you used or threatened to use a weapon or a dangerous article in a manner that led the victim to reasonably believe that it was in fact a dangerous weapon.
The Truth about School Bus Accidents
There are almost a half a million school buses transporting more than 20 million children to and from school in the United States every school day. There are no escaping school bus accidents, given this level of travel, and all school bus accidents have the potential to be tragic, since our children are on them. While the school bus remains the safest mode of transporting children to and from school, in the last five years, there have been over 500 school bus crashes, averaging about 180 school bus injuries or fatalities per year.
School bus accidents occur in several ways. The bus may actually crash into another moving object or stationary object. The bus may hit a pedestrian, or a bus may be hit by another moving vehicle. Children or other occupants may get injured on the bus if the driver slams on the brakes, and many injuries occur while getting on and exiting the bus. Safety measures and public awareness have made school buses safer over the years, but school bus accidents still do occur with regularity.
When a Child Is Injured or Dies at Daycare
In July, an almost four-month-old baby named Payton McCoy died after being put down for a nap at his daycare in Milwaukee. The caregiver of the home day care center told the police that she fed Payton a bottle formula around noon, and then swaddled him and laid him down on his back, on a cushion called a Snuggle Me Cushion, on a twin bed. An hour later she found him still swaddled, but with his head against the wall and part of his face over the gap between the mattress and the wall. The woman was not licensed by the state of Wisconsin, and the mother reported that she had previously asked the provider not to use that cushion with Payton.
The daycare provider has been arrested for neglect. The fact is, if such a nightmare situation ever occurs, there is not always recourse for parents against the provider, especially an unlicensed one who may not carry insurance.
Wisconsin Marijuana Laws Not as Liberal as Elsewhere in the Nation
While Colorado and Washington state have legalized recreational marijuana, and a host of other states have decriminalized possession or are slated to in the near future, Wisconsin has not yet moved in that direction. Currently, the possession, sale and cultivation of marijuana in Wisconsin are all illegal. An arrest for any marijuana-related crime carries the potential for significant penalties and jail time in Wisconsin, and it is imperative to have an experienced and local criminal defense attorney on your side.
Marijuana Possession
Any amount of marijuana possession in Wisconsin is a crime, and the penalties vary depending on several factors. The first factor is whether it is your first or subsequent offense. In addition to the statutorily prescribed penalties for marijuana possession, 100 hours of community service will be added to any conviction of marijuana possession if the possession occurred within 1,000 feet of a school, youth center, public park, pool, housing project, jail, or drug treatment facility.
Amusement Park Injuries
Wisconsin has many recreational activities to offer residents and visitors, but those same activities present many dangers and result in numerous injuries to many who visit. Numerous accidents occur at amusement parks and waterparks in Wisconsin and throughout the United States and people are injured as a direct result of the negligence of somebody else.
If you or someone you love was injured in a waterpark or an amusement park accident in Wisconsin, an experienced personal injury attorney can help you explore all of your legal options, and recover the largest settlement possible to compensate you for your injuries.
Common Amusement Park Ride Injuries
Just this past summer, there was an incident at Wisconsin Dells Mt. Olympus Theme Park that resulted in a ride being removed from the park. The ride, called "the Catapult", is a bungee cord ride which sends riders up into the air and then bounces them. In June, as a Wisconsin adult and teen were strapped into the ride, the bungee cord snapped, and came crashing down beside them, creating a hole in the ground. The company that owns the park investigated the incident and required the ride be permanently removed from their park. Luckily, no one was injured in that incident.
Deer Collisions on the Rise in Wisconsin
State Farm insurance recently released a study which shows that motorists in Wisconsin are more likely to collide with a deer than motorists in 44 other states. The national average of drivers hitting deer is one out of every 169 drivers, while the Wisconsin average is one out of every 77 drivers. According to the study, you are 10 percent more likely in 2015 to hit a deer on Wisconsin roads than in 2014, and since October and November are the months with the highest car/deer accident rates, now is a good time to review the steps you should take if you are in an accident involving a deer.What Should You Do If a Deer Collides with Your Car?
Getting into a collision with a deer can be terrifying, and it is important not to lose your focus if this occurs, no matter how difficult it may be. There are a number of important steps you should take if you are in an accident with a deer. Move Your Car to Safety We understand that if you are in a collision with a deer, you are most likely going to be quite shaken up afterwards. However, according to statistics, most collisions with deer take place early in the morning or at dusk and this is when it is most difficult for other cars to see you on the road. Therefore, the very first thing you should do if you are in an accident with a deer is to move your car safety. If your car will not move, at least move yourself to safety before taking any additional steps. Whether or not your car is safe to drive is another issue, and if it feels in any way compromised (or if your airbag deploys), you should take your car directly to your mechanic (or have it towed, depending on the extent of the damage). Call the Police If you are in an accident with a deer, it is important to call the police. This is true even if your car is not substantially damaged, and especially true if the deer is lying in the middle of the roadway. It is critical to make a report of what happened so that when you make a claim against your insurance company, there is already a police report containing your best recollection of the accident circumstances. If possible, it is also a good time to take photographic evidence of the scene, and if there were any eyewitnesses, try to get their contact information. If You Are Injured, Seek Medical Care Hopefully if you are in a car accident with a deer, you are not injured. Sometimes, however, injuries happen, especially whiplash type injuries from slamming on the brakes. If you think you have been injured in any way, you should go directly the emergency room to be checked over by a medical professional. Do not wait until minor aches and pains get worse – if you have any discomfort or pain after an accident, go to the emergency room. Report the Claim to Your Insurance Company This is the final step in the process, but it is important to be clear about your goals before placing the call, and to understand the insurance policy that covers you also covers accidents in your car. The insurance company always has the goal of minimizing any payments they have to make under the policies they issue, so it is important to be knowledgeable about what your policy covers and does not cover.Conclusion
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.