Wisconsin Criminal Law

Wisconsin criminal law and criminal procedure statutes provide detailed explanations of crimes, punishments, and trial procedure. The following selections provide a brief summary of common crimes, punishments, and procedural issues faced by Wisconsin defendants. For more specific information, or if arrested in Wisconsin, contact a Wisconsin criminal defense attorney.

Drug Possession in Wisconsin

A drug conviction in Wisconsin can be punishable by a range of sentences depending on the type and quantity of the drug, and the nature of the offense.

• Distribution or possession with intent to distribute drugs in Wisconsin is a felony for any quantity of narcotic substance. Penalties for distribution or intent to distribute narcotics are sentences ranging up to 10 – 40 years in prison and a fine between $25,000 - $100,000.
• Distribution or intent to distribute marijuana in Wisconsin is a felony punishable by prison sentences up to 3 – 15 years and fines ranging from $10,000 - $50,000.
• Possession of any quantity of narcotics in Wisconsin is punishable by up to 1 year in jail and a fine up to $5,000 for a first offense.
• Possession of marijuana in Wisconsin is punishable by up to 6 months in prison and a fine up to $1,000. Possession of a quantity above what may considered personal use can be elevated to possession with intent to distribute, and result in stiffer penalties.

Wisconsin criminal law breaks the ranges provided above into several classes of penalties according to incremental increases in the amount of drugs in the defendant's possession. For more specific inquiries on a particular offense, or if arrested for possession of drugs in Wisconsin, contact a Wisconsin criminal attorney.

Assault in Wisconsin

Wisconsin recognizes the crime of battery as the term for a conviction arising when an assailant causes physical harm to another. Wisconsin has varying levels of battery depending on the severity of the offense:

• When an assailant intends to cause bodily harm and does so the act is a misdemeanor punishable by up to nine months in jail and a fine up to $10,000.
• When an assailant intends to cause bodily harm and causes substantial bodily harm the act is a felony punishable by up to 3.5 years in prison and a fine up to $10,000.
• When an assailant intends to cause bodily harm and causes great bodily harm the act is a felony punishable by up to six years in prison and a fine up to $10,000.
• When an assailant intends to cause great bodily harm and does so the act is a felony punishable by up to 15 years in prison and a fine up to $50,000.

The Wisconsin code does not define precisely what constitutes substantial or great bodily harm, and also includes other factors that could further elevate the punishment for battery. For questions on a specific instance of battery, or if arrested for battery in Wisconsin, contact a Wisconsin criminal lawyer.

Wisconsin Drunk Driving – OWI

A first time OWI offender in Wisconsin faces consequences including a fine up to $300, various court and legal fees, license suspension for 6 – 9 months, an increase in insurance, and possible ignition interlock device installed on the car. For information on a specific drunk driving charge, or if arrested for OWI in Wisconsin, contact a Wisconsin OWI attorney.

Right to Jury in Wisconsin

The Wisconsin Constitution provides that a defendant in a criminal trial has the right to a trial by jury.; In many trials for small offenses the defendant's right to a jury is considered waived if he does not demand one depending on the rules of the court. For more significant offenses, a defendant must affirmatively waive the right to a jury trial in writing or in open court in front of the judge.

Trial Date in Wisconsin

In Wisconsin a defendant charged with a misdemeanor will be tried within 60 days from the defendant's initial appearance in court. Felony trials in Wisconsin will begin within 90 days of either party demanding a trial.; A court may grant a continuance on its own motion, or by motion of either party if the continuance is necessary to ensure justice is carried out properly, or if the trial is complex and requires additional time to prepare for.

Sentence Review / Appeals in Wisconsin

A defendant convicted in Wisconsin may appeal the judgment or the sentence in a timely manner as provided by Wisconsin law. Appeals must have adequate reasoning and argument for relief, and follow procedural requirements; contact a Wisconsin criminal defense attorney to file an appeal.

Wisconsin Statutes

Click here for Wisconsin statutes on criminal law and criminal procedure:

1. Drug Possession in Wisconsin
1. Wisconsin Statutes, Chapter 961: Uniform Controlled Substances Act, § 41
2. Assault in Wisconsin
1. Wisconsin Statutes, Chapter 940: Crimes Against Life and Bodily Security § 19
3. Wisconsin Drunk Driving – OWI
1. Wisconsin Statutes, Chapter 346: Rules of the Road §§ 61, 62
4. Right to Jury in Wisconsin
1. Wisconsin Statutes, Chapter 972: Criminal Procedure – Criminal Trials § 02
5. Trial Date in Wisconsin
1. Wisconsin Statutes, Chapter 971: Criminal Procedure – Proceedings before and at Trial § 10
6. Sentence Review / Appeals in Wisconsin
1. Wisconsin Statutes, Chapter 974: Criminal Procedure – Appeals, New Trials, and Writs of Error § 02