What is Statutory Rape in Wisconsin?

Wisconsin Law on Statutory Rape - Carlos GaminoBy Carlos Gamino

If you’re like most people, you’ve heard the term statutory rape before – but what does it mean, and what happens if you’re accused of it?

First things first: You’re probably going to want to talk to a Milwaukee statutory rape defense attorney who can give you case-specific legal advice, because this is a very serious charge that will stay on your record forever.

What is Statutory Rape in Wisconsin?

Wisconsin law defines statutory rape as the sexual assault of a child. A child under this statute is a person under the age of 18 (although other charges may apply, as well).

You can be convicted of statutory rape or sexual assault of a child if you’ve had sexual contact (up to and including intercourse) with someone who isn’t old enough to legally give his or her consent. Statutory rape is a felony in the state of Wisconsin, and if you’re convicted, you’re required to register as a sex offender.

Class B Felony Statutory Rape

Statutory rape is a Class B felony if:

  • The victim is a person under the age of 12 and you allegedly had sexual intercourse with him or her
  • The victim is a person under the age of 13 and you allegedly had sexual contact with him or her
  • The person is under the age of 16 and you allegedly used force or violence, or the threat of force or violence
  • The person is under the age of 16 and you allegedly used force or violence, or the threat of force or violence, to initiate sexual contact and you were at least 18 years old when it occurred

Class A Felony Statutory Rape

Statutory rape is a Class A felony if you have sexual contact or sexual intercourse with a person who is under the age of 13 and you allegedly caused great bodily harm to the person.

Do You Need to Talk to a Lawyer About Statutory Rape Accusations?

If you’ve been accused of statutory rape, it may be in your best interest to talk to a criminal defense attorney in Milwaukee as soon as possible.

Call us at 414-383-6700 or 262-650-6700 right away for a free case review. We’ll evaluate your situation and give you the legal advice you need to begin moving forward.

Carlos Gamino

 

Credit Card Fraud: Misdemeanor or Felony?

Is Credit Card Fraud a Misdemeanor or Felony in Wisconsin - Carlos GaminoBy Carlos Gamino

Credit card fraud is a serious crime in Wisconsin, and it comes with serious penalties – and if you’re convicted, you could end up spending time in prison.

What is Credit Card Fraud?

Credit card fraud is the act of participating in a financial transaction with a credit card that isn’t yours and that you don’t have the authority to use. It could involve the theft of a credit card, or the use or possession of a lost credit card. You could also be charged with credit card fraud if you’re found in possession of a forged, altered, or counterfeit card, or if you use one fraudulently.

Is Credit Card Fraud a Misdemeanor or Felony?

Credit card fraud can be a misdemeanor or a felony, depending on the total amount of the transactions you conduct with the card.

Misdemeanor Credit Card Fraud

If the value of the property you obtain is less than $2,500, it’s a Class A misdemeanor.

Felony Credit Card Fraud

If the value of the property is between $2,500 but less than $5,000. it’s a Class I felony.

If the value of the property is between $5,000 and $10,000, it’s a Class H felony.

Finally, if the value of the property is over $10,000, it’s a Class G felony.

Have You Been Accused of Credit Card Fraud?

If you’ve been accused of credit card fraud for any amount of money, it may be in your best interest to talk to a criminal defense lawyer in Milwaukee as soon as possible. Call our Milwaukee credit card fraud defense attorneys at 414-383-6700 or 262-650-6700 today for a free consultation. We may be able to help you.

Carlos Gamino

Sexual Assault in the First Degree: What You Need to Know

What You Need to Know About Sexual Assault in the First Degree - Carlos GaminoBy Carlos Gamino

Sexual assault in the first degree is a serious crime in Wisconsin, and the penalties are very harsh. In addition to jail time and hefty fines, a first-degree sexual assault conviction stays on your criminal record for the rest of your life.

Degrees of Sexual Assault

Wisconsin law puts sexual assault into four categories, based on severity of the offense. The higher the degree, the more severe the penalties.

First-Degree Sexual Assault Crimes

First-degree sexual assault is a Class B felony.

The law says that in order to be convicted of first-degree sexual assault, the perpetrator:

(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.

(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.

(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.

The penalty for a Class B felony includes a maximum term of imprisonment of up to 60 years. Forty of those years are initial confinement; the remaining 20 are for extended supervision. If you’re convicted of first-degree sexual assault, you’ll have to register as a sex offender.

Do You Need to Talk to a Lawyer About First-Degree Sexual Assault Charges?

If you’ve been accused of first-degree sexual assault in Milwaukee or Waukesha, call Gamino Law Offices immediately at 414-383-6700 or 262-650-6700 for a free case review. We’ll listen to your side of the story and begin developing a defense that gets you the best possible outcome.

Carlos Gamino

 

 

Sexual Assault in the Second Degree in Wisconsin

What is Sexual Assault in the Second Degree - Carlos Gamino

By Carlos Gamino

Sexual assault in the second degree is a serious crime that carries extremely harsh penalties, and if you’ve been accused of it, it probably makes sense to get in touch with a lawyer right away.

What is Sexual Assault in the Second Degree?

Second-degree sexual assault, according to Wisconsin law, is a Class C felony.

In order for a conviction to take place, the alleged perpetrator is guilty of this crime if he or she must have sexual contact or intercourse:

(a) without consent by use or threat of force or violence

(b) without consent and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim

(c)  with someone who’s mentally ill or deficient, who is also incapable of “appraising” the perpetrator’s conduct, and the defendant knows the condition exists

(cm) with someone under the influence of an intoxicant (so much so that the person is incapable of giving consent) and the alleged perpetrator knows it, with the purpose of doing so while the person is incapable of giving consent.

(d) with a person who the defendant knows is unconscious

You can also be convicted of this crime if you are aided by someone else or you’re an employee of a residential treatment facility, or if you’re a correctional staff member and you have sex with an inmate, or if you’re working for the Department of Corrections and you have sexual contact with someone who is on probation, parole, or extended supervision, as well.

If you’re convicted of this Class C felony, you could spend up to 25 years in prison, up to 15 years under extended supervision, and be fined up to $100,000. You’ll also have to register as a sex offender.

Do You Need to Talk to a Lawyer About Second-Degree Sexual Assault Charges?

If you’ve been accused of sexual assault – any degree, not just second-degree – we may be able to help you. Call us at 414-383-6700 or 262-650-6700 for a free case review today.

Carlos Gamino

 

DUI Causing Injury or Death: What Next?

: DUI Causing Injury or Death - Carlos Gamino
drinking and driving ** Note: Shallow depth of field

By Carlos Gamino

Driving under the influence of alcohol or drugs is serious—so serious that in the state of Wisconsin, you could face time in prison if the court convicts you.

But the penalties become even tougher when someone is injured or killed.

The prosecution must prove that your driving caused the victim’s death and that you were actually under the influence. For most people, it makes sense to work with a Milwaukee DUI attorney with experience in these types of cases.

DUI Causing Injury or Death: The Definition

Under Wisconsin law, in order for a jury to convict you of DUI causing injury or death, you must have either caused great bodily harm to another person (or an unborn child) by operating a vehicle while you were under the influence of an intoxicant or a controlled substance, or you had a blood alcohol concentration higher than 0.04 percent.

The law also says that the jury can convict you of homicide by intoxicated use of a vehicle if you operated a vehicle and your operation of that vehicle caused the victim’s death, provided that you were under the influence of a controlled substance or alcohol at the time of the incident.

What Happens Next?

If you were driving under the influence of alcohol or intoxicants and the prosecutor proves that to the court, the penalties will depend on whether you injured or killed the victim.

A DUI causing injury is a Class F felony, which means you can spend up to 7 years, 6 months in prison and an additional 5 years under supervision.

A DUI causing death is a Class D or Class C felony; it depends on whether you have prior DUI offenses. A Class D felony carries a penalty of up to 25 years in prison, while a Class C felony can put you behind bars for up to 40 years.

Do You Need to Talk to a Wisconsin DUI Lawyer About an Accident?

If you’re facing either of these charges, we may be able to help you. Call our Milwaukee DUI defense attorneys at 414-383-6700 or 262-650-6700, or get in touch with us online for a free case review right away.

Carlos Gamino

What Happens if You’re Caught With Cocaine in Milwaukee?

What Happens if You’re Caught With Cocaine in Milwaukee – Carlos Gamino
Cocaine drug addiction. Lines of cocaine and one dollars banknote on black background closeup

By Carlos Gamino

Cocaine is a Schedule II narcotic in the state of Wisconsin, and it’s illegal to use, manufacture, or sell here—and the penalties of a conviction can be extremely harsh. It falls into the same category as some opiates (such as opium itself and synthetic opiates, such as tramadol), morphine, amphetamines, and methamphetamine.

If you’re caught with cocaine in Milwaukee, Waukesha, or anywhere else in Wisconsin, the judge is required to suspend your driver’s license for at least 6 months. In some cases, the judge can suspend your license for up to 5 years. If you have an occupational driver’s license, the judge will evaluate your eligibility to keep it based on the number of controlled substance offenses you’ve committed in the past.

What Happens if You’re Caught With Cocaine in Milwaukee?

When the police catch you with cocaine in Milwaukee or one of the surrounding communities, they’ll most likely arrest you and book you into jail. At this point, it may be a good idea for you to get in touch with a Milwaukee drug crime defense lawyer, who can visit you in the jail and get your side of the story. The sooner you call an attorney, the more time he or she will have to prepare your defense; additionally, your attorney may be able to show the judge that you deserve to be freed from jail and that you’ll return to court when it’s time to go to trial.

What Are the Penalties for Being Caught With Coke?

The penalties of a conviction—aside from the automatic driver’s license suspension—can vary based on what you were doing with cocaine (whether you intended to use it yourself or sell it) and how much you had in your possession when police arrested you. Your sentence can also vary based on whether you have prior drug convictions.

For most people, it makes sense to get in touch with a drug crime attorney in Milwaukee who can provide case-specific legal advice and work hard to get the best possible outcome.

Do You Need to Talk to a Lawyer About Cocaine Charges in Milwaukee or Waukesha?

If you’ve been caught with any controlled substance or narcotic, call us right away at 414-383-6700 or 262-650-6700. If it’s easier, get in touch with us online for a free case review. We may be able to help you.

Carlos Gamino

 

Could You Have Your Probation Revoked?

What is Probation Revocation - Carlos Gamino
Courtroom, Judge, male judge in black mirror background

By Carlos Gamino

A probation agent could revoke your probation—the process is known as probation revocation—and send you straight to jail.

So what is probation revocation, and how can you fight back if your agent wants to take your freedom?

First things first: You should talk to a probation revocation lawyer in Milwaukee or Waukesha if you think you’re in trouble.

What is Probation Revocation?

The state of Wisconsin allows probation agents to petition the court to revoke your probation and send you back to jail for violating the conditions of your supervision.

If that happens, you have the right to have an attorney defend you. However, the court doesn’t need to hold a preliminary hearing to determine whether you violated a rule or condition of your supervision if:

  • You waive your right to the hearing in writing
  • You have signed a written statement admitting a violation
  • You’re incarcerated for a separate matter
  • There has been a finding of probably cause for the same (or similar) conduct by a court in another state

Probation Revocation: Not Like a Criminal Case

In order to revoke your probation, the standard of proof required at your hearing isn’t the same as it is in an ordinary criminal matter. Your probation agent doesn’t need to prove anything “beyond a reasonable doubt,” which means that he or she only needs sufficient evidence that you probably violated the conditions of your probation. Further, the probation evidence can use hearsay—something he or she heard, out of court, to back up his or her allegation.

What if You’re Threatened With Probation Revocation?

For most people threatened with probation revocation, the best idea is to get in touch with a lawyer immediately. The consequences can be severe and immediate, so it’s probably in your best interest to talk to an attorney who can defend you and help preserve your rights by calling 414-383-6700 or 262-650-6700 for a free probation violation case evaluation as soon as possible.

Carlos Gamino

FAQ on Class E Felony Charges

Class E Felony - Carlos Gamino
Judge gavel, scales of justice and law books in court

By Carlos Gamino

When you’re charged with a Class E felony, it’s normal to have a lot of questions—including what types of penalties you’re facing if you’re convicted.

FAQ on Class E Felony Charges in Wisconsin

Several crimes classify as Class E felonies in the state of Wisconsin. In some cases, the felony classification depends on the amount of damage done or the monetary value of the alleged crime. Some crimes that can classify as Class E felonies include:

What Are the Penalties for Class E Felony Convictions in Wisconsin?

The penalties for a conviction of a Class E felony in Wisconsin can include:

  • Imprisonment for up to 15 years, with 10 years of confinement in prison and five years of extended supervision
  • A fine of up to $50,000

What to Do if You’re Accused of a Class E Felony

If you’re accused of any Class E felony in the state of Wisconsin, it may be a good idea to get in touch with a felony defense attorney as soon as possible.

Your lawyer will ask you several questions and get your version of events that led up to the alleged crime. He or she will also determine what type of evidence the prosecution has against you in order to develop the defense that gets you the best possible outcome in court.

Do You Need to Talk to a Criminal Defense Lawyer?

If you need to talk to a criminal defense lawyer in Milwaukee or Waukesha, call us right away at 414-383-6700 or 262-650-6700 for a free case review.

Carlos Gamino

Why Work With a Reckless Driving Lawyer in Milwaukee?

Reckless Driving Lawyer - Carlos GaminoBy Carlos Gamino

Reckless driving is a serious crime in Wisconsin, and it’s one the courts don’t take lightly. That’s likely because reckless driving leads to accidents that can cause another person’s death—but you don’t need to be in an accident to face reckless driving charges in Milwaukee, Waukesha, or any of the other cities in Wisconsin.

What is Reckless Driving?

Wisconsin law says that “No person may endanger the safety of any person or property by the negligent operation of a vehicle.” It goes further to say that “No person may cause bodily harm to another by the negligent operation of a vehicle,” and “No person may cause great bodily harm to another by the negligent operation of a vehicle.

What does that mean, though? What qualifies as reckless?

The fact is that a jury can find you guilty of reckless driving if you meet any of these conditions:

  • You operated a vehicle on a highway in a manner constituting criminal negligence
  • Your operation of the vehicle endangered any person or property
  • Your operation of the vehicle caused bodily harm or great bodily harm to another person

Criminal negligence means ordinary negligence to a high degree, and it refers to conduct you should realize creates a risk of death or great bodily harm to another person. If a reasonable person would know that the behavior was that risky, according to the law, you should, too.

Do You Need to Talk to an Attorney About Reckless Driving?

If you need to talk to a reckless driving lawyer in Milwaukee, Waukesha, or any of the surrounding communities, we may be able to help you.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha. We’ll be happy to give you a free reckless driving consultation and answer your questions, and we’ll develop a defense strategy when we have the facts in your case.

Carlos Gamino

Do You Need a Disorderly Conduct Lawyer?

Disorderly Conduct Lawyer - Carlos GaminoBy Carlos Gamino

Disorderly conduct. You’ve probably heard the term before—but what does it really mean, and do you really need to get in touch with a lawyer for disorderly conduct charges?

What is Disorderly Conduct?

Wisconsin law is pretty broad when it defines disorderly conduct. It says, “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

As you can see, there are plenty of things that fall under the disorderly conduct umbrella.

What Are the Consequences of a Disorderly Conduct Conviction in Wisconsin?

The state considers disorderly conduct a Class B misdemeanor. Because it’s a misdemeanor, many people don’t think they need to work with a disorderly conduct lawyer—but it’s important that you know a misdemeanor goes on your criminal record (and stays there) just like any other criminal charge does. Having a criminal record can prevent you from getting a job, finding a place to live, or even getting credit.

The penalty for a Class B misdemeanor conviction is pretty serious, too. You could be sentenced to up to 90 days in jail, and the judge could order you to pay fines of up to $1,000.

Do You Need to Talk to a Disorderly Conduct Lawyer in Milwaukee or Waukesha?

If you need to talk to an attorney about disorderly conduct charges, whether the incident occurred in Milwaukee, Waukesha, or any of the suburbs, we may be able to help you.

Call us at 414-383-6700 (Milwaukee) or 262-650-6700 (Waukesha) for your free consultation. We’ll evaluate your case and start developing a strategy for your defense as soon as you explain what’s going on.

Carlos Gamino