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

Drinking and Boating in Wisconsin: What You Need to Know

Drinking and Boating - What is a BUI - Carlos GaminoBy Carlos Gamino

In the state of Wisconsin, it’s illegal to drink and get behind the wheel of a boat—and you could get yourself into serious hot water with the courts if you’re caught. You could lose your money, your boat, and even your freedom.

What is a BUI in Wisconsin?

Like an OWI (operating while intoxicated) or DUI (driving under the influence), BUI is an acronym of its own; it stands for boating under the influence.

On its website, the Department of Natural Resources says, “Wisconsin law prohibits anyone from operating a motorboat or manipulating water skis or similar devices while under the influence of alcohol or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times … It is illegal for a person to operate a motorboat or use water skis, a surfboard, or other device if he or she is under the influence of an intoxicant or a controlled substance or has a blood alcohol concentration of 0.08 percent or greater.”

In the state of Wisconsin, if you operate (or attempt to operate) any vessel, you’ve automatically given your consent to an alcohol or drug test (or both).

What Happens if You’re Convicted of BUI?

If you’re convicted of boating under the influence in Wisconsin, you can be court-ordered to take a boating safety course, pay hefty fines, and spend time behind bars. Your boating certificate will be revoked, too, which means you’ll have to start the process to obtain a new one as soon as you’re eligible.

If you’re accused of BUI, it’s in your best interest to get in touch with an OWI/DUI lawyer in Milwaukee or Waukesha who understands the laws on our waterways and who can aggressively defend you in court.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha for your free BUI defense consultation. We’ll evaluate your situation and start developing a strategy to help you right away.

Carlos Gamino

 

What Happens if You’re Caught With Weed in Wisconsin?

What Happens When You're Caught With Weed in Wisconsin - Carlos GaminoBy Carlos Gamino

It’s a crime to possess marijuana in Wisconsin, whether you have it for medical purposes or recreational purposes.

However, in some municipalities, it’s only punishable by a fine on a first offense.

That’s not true everywhere, though. Most places always refer back to the state and federal laws that govern marijuana possession.

What Happens if You’re Caught With Weed in Wisconsin?

If you’re caught with any amount of marijuana, you’re subject to at least a misdemeanor conviction with a penalty of up to 6 months in jail and a fine of up to $1,000—and that’s if it’s your first offense. If you’re convicted more than once, you’re looking at a Class I felony. You could spend up to 3 years, 6 months in prison, and at the same time, you could have to pay up to $10,000 in fines.

The penalties are greater if you’re selling it or you intend to sell it. If you’re growing large amounts of marijuana or you have the intent to deliver more than 10,000 grams (that translates into about 22 pounds), you could end up spending 15 years in prison and paying $25,000 in fines.

Remember, too, that possession of marijuana is still a crime on the federal level (no matter where you are in the U.S., including states that have made it legal). When state and federal laws conflict, federal law wins.

What to Do After You’re Charged With Marijuana Possession in Milwaukee

If you’re charged with a marijuana possession offense, it’s probably in your best interest to get in touch with a Milwaukee drug crime lawyer who understands the state and federal laws that affect your case.

Call us at 414-383-6700 if you’re in Milwaukee or 262-650-6700 if you’re in Waukesha. We’ll ask you some questions, find out what happened during the alleged incident, and start developing a defense strategy that gets you the best possible outcome.

Carlos Gamino

 

Homicide Charges in Milwaukee: What You Need to Know

First-Degree Intentional Homicide in Milwaukee - Carlos GaminoBy Carlos Gamino

First-degree intentional homicide is among the most serious charges the state of Wisconsin can levy against someone. Second-degree intentional homicide is extremely serious, as well, and a conviction could put you behind bars for the rest of your life. If you have been charged with homicide, it’s essential that you get in touch with a Milwaukee homicide defense lawyer as soon as possible.

What is First-Degree Intentional Homicide?

Under Wisconsin law, first-degree intentional homicide is an act committed to cause the death of another person with the intent to kill that person or someone else. It’s important to know that the state can charge you with this type of homicide even if you intended to kill someone else.

First-degree intentional homicide is a Class A felony in Wisconsin, and a conviction carries a mandatory penalty of life in prison.

What is Second-Degree Intentional Homicide?

Second-degree intentional homicide, under Wisconsin law, is an act that causes the death of another person with the intent to kill that person or someone else.

It sounds exactly like first-degree intentional homicide, doesn’t it?

It’s essentially the same, except that second-degree homicide means one of four statutory defenses apply to a first-degree intentional homicide. The four statutory defenses are:

  • Adequate provocation. This can be the case when an incident happens that caused the accused to lose his or her self-control (and it would cause an ordinary person to do the same). When you hear about “heat of passion” manslaughter, this is what they’re talking about.
  • Unnecessary defensive force. If the accused person believed he or another person was in imminent danger of serious injury or death and acted with force he or she thought was necessary, a homicide charge can be dropped to second-degree. (This is considered an “imperfect” self-defense claim.)
  • Prevention of a felony. If the victim’s death was caused because the accused believed that the force he or she used was necessary to prevent a felony, a first-degree intentional homicide charge can be dropped down to a second-degree charge.
  • Coercion or necessity. If the victim’s death was caused by coercion or necessity, which means that the accused was threatened by someone else and forced to kill someone or that the accused felt it was necessary to kill someone to prevent disaster, death, or serious physical harm, a first-degree charge may be dropped to a second-degree charge.

Have You Been Accused of Homicide in Milwaukee or Waukesha?

If you or someone you care about has been accused of homicide in Milwaukee or Waukesha, it’s in your best interest to get in touch with a skilled, knowledgeable homicide defense lawyer as soon as possible.

Call us at 414-383-6700 or 262-650-6700 immediately. If it’s easier, you can also contact us online to discuss your case with an attorney.

Carlos Gamino

What is the Penalty for Rape in Waukesha?

Criminal Penalties for Rape in Waukesha and Milwaukee - Carlos Gamino

By Carlos Gamino

Any sexual assault in Wisconsin is a crime, whether the alleged victim is a man, a woman, a child, or someone the defendant is in an intimate relationship with. The penalties vary based on the type of crime, whether weapons were used, and even how much force of violence was used.

In the state of Wisconsin, you won’t find the term rape on the books. Rape is classified as sexual assault, and it’s divided into four separate categories: First-degree, second-degree, third-degree, and fourth-degree. They’re each very serious, so if you’re facing these types of charges, your best bet is to reach out to a Waukesha rape defense attorney as soon as possible.

Degrees of Rape and Sexual Assault in Wisconsin

First-degree sexual assault involves sexual contact or intercourse with a person who hasn’t given his or her consent. In order to be categorized as first-degree sexual assault, the incident must have caused pregnancy or serious physical injury, involved a dangerous weapon, or was helped by another person and the activity was accomplished by the use or threat of violence.

Second-degree sexual assault refers to sexual contact or sex when:

  • There’s a use or threat of force or violence
  • Injury, disease, reproductive impairment, or mental anguish results
  • The victim is mentally ill, intoxicated, or unconscious
  • Another person aids in the act
  • The defendant is an employee of an adult family home, community-based residential facility, inpatient healthcare facility, or state treatment facility and the victim is a patient or resident
  • The defendant is an employee of a child welfare agency, foster home, or shelter or a direct care or treatment services hospital or home health agency and the victim is a client at the facility
  • The defendant is a correctional officer or volunteer who has sexual contact or sex with an inmate
  • The defendant is a parole or probation officer and the victim is the person on parole or probation and is under the defendant’s supervision (direct or indirect)

Third-degree sexual assault is intercourse or sexual contact involving intentional ejaculation, urine, or feces of the defendant or victim for the purposes of sexual humiliation or gratification.

Fourth-degree sexual assault is non-consensual sexual contact with a person that involves the intentional touching with the intent to cause the sexual humiliation of the victim or sexual gratification to the defendant.

What to Do if You’re Accused of Rape in Waukesha

For most people accused of this type of sexual assault, the best choice to make is to get in touch with a Milwaukee or Waukesha rape defense lawyer as soon as possible.

Call us at 414-383-6700 or 262-650-6700 immediately. We’ll evaluate your case and begin developing a strategy that gets you the best possible outcome.

Carlos Gamino

What You Need to Know about Armed Robbery

Wisconsin's Armed Robbery LawsBy Carlos Gamino

Armed robbery is a crime in the state of Wisconsin, just as it is elsewhere in the U.S. However, in Wisconsin, armed robbery is considered a violent crime—and the extremely harsh penalties the courts can impose on someone who’s been found guilty reflect that.

What is Armed Robbery Under Wisconsin Law?

Armed robbery is, in a nutshell, taking someone else’s property while using a dangerous weapon. If there’s evidence that you committed a theft crime while threatening to use a weapon or actually using a weapon, you could be convicted and sent to prison.

The law says that you can be convicted of armed robbery if you:

  • Took and carried away someone’s belongings from them or from their property
  • Intended to steal it
  • Acted forcibly
  • Used or threatened to use a dangerous weapon

What Are the Penalties for Armed Robbery in the State of Wisconsin?

If you’re convicted of armed robbery, you’re looking at a Class C felony. The penalty for a Class C felony for armed robbery is up to 40 years of imprisonment (25 of them are for initial confinement in prison, and the remaining 15 years may be for extended supervision) and a fine of up to $100,000.

What to Do if You’re Accused of Armed Robbery

If you’ve been accused of armed robbery, you may want to talk to a Milwaukee criminal defense lawyer as soon as possible. The consequences of a conviction are extremely harsh, so for most people, it makes sense to talk to an attorney who understands Wisconsin laws and who has a track record of successful criminal defense cases.

Do You Need an Armed Robbery Defense Lawyer?

If you need an armed robbery defense lawyer, call us right away at 414-383-6700. You can also get in touch with us online for a free case evaluation. We’ll begin putting together a strategy that gets you the best possible outcome.

Carlos Gamino

What Kind of Crime is Reckless Driving in Wisconsin?

What Kind of Crime is Reckless Driving in WisconsinBy Carlos Gamino

Reckless driving is a crime in the state of Wisconsin, and it carries serious penalties. For most people accused of this crime, it makes sense to get in touch with a Milwaukee reckless driving lawyer who understands our laws and how they affect your case.

What is Reckless Driving in Wisconsin?

Reckless driving is actually a pretty broad term. It can include any type of driving offense that endangers other people’s safety. However, there are specific subsections in Wisconsin’s reckless driving statute that prohibit the negligent operation of a vehicle that causes bodily injury or serious bodily injury to another person.

Our reckless driving laws apply to anybody who’s licensed in any state if they’re operating any type of vehicle on Wisconsin’s roads.

What Happens if You’re Convicted of Reckless Driving?

A reckless driving conviction could result in the loss of your driver’s license; even if it doesn’t, you’ll still rack up six points on your Wisconsin license. If you get more than 12 points in a 1-year period, you’ll automatically lose your license for at least 2 months. (Once every 3 years, the state of Wisconsin allows you to attend driver’s safety courses that will erase three points from your license.)

Reckless driving can also cost you up to $500 in fines.

Bodily Injury and Serious Bodily Injury With Reckless Driving

Reckless driving that results in minor injuries—what the law typically calls bodily injury—carries a penalty of up to 1 year in jail and up to $2,000 in fines.

Reckless driving that results in serious injuries—what the law calls serious bodily injury—is a Class I felony. The punishment for a Class I felony is up to 3 years, 6 months in prison and up to $10,000 in fines. You’ll also lose your driver’s license for up to a year.

Do You Need to Talk to a Lawyer About Reckless Driving Charges?

Whether you’ve been hit with a reckless driving charge that didn’t involve injury or one that did, you may benefit from talking to a Milwaukee criminal defense lawyer.

Call us at 414-383-6700 or 262-650-6700, or get in touch with us online. We may be able to help you.

Carlos Gamino

What to Do if You Have a Bench Warrant in Waukesha

What to Do if You Have a Bench Warrant - Carlos GaminoBy Carlos Gamino

You’ve heard of bench warrants—and if you’re like many people in Waukesha, you have one.

But what is it, and what will happen to you if police catch you?

What is a Bench Warrant in Waukesha, Milwaukee, and Elsewhere in Wisconsin?

A bench warrant is a written order issued by a judge that authorizes police to arrest you. It charges you with contempt or a crime.

A bench warrant is typically issued when you were supposed to be in court but you didn’t show up (think of it this way: you weren’t on the bench when the judge expected you to be there).

What Happens if I Have a Bench Warrant in Waukesha?

Once a judge issues a bench warrant, the police will be able to arrest you without actually witnessing you commit a crime or having reasonable belief that you committed a crime.

The police will bring you to jail so the judge knows where to find you when it’s time to go to court.

What to Do if You Have a Bench Warrant

If you know a judge has issued a bench warrant for your arrest, it may be a good idea to talk to a criminal defense lawyer in Waukesha. Your lawyer can figure out why there’s a warrant for your arrest and determine what you need to do to clear it up.

You may still have to turn yourself in to the police department. However, your lawyer will get all the details before you take any action (and remember, no two cases are alike; what happens in one may be the opposite of what happens in another).

Do You Need to Talk to a Waukesha Lawyer About a Bench Warrant?

If you have (or if you think you have) a bench warrant out for your arrest in Waukesha or Milwaukee, call us at 262-650-6700 (Waukesha) or 414-383-6700 (Milwaukee) for a free case evaluation. We may be able to help you sort out the situation.

Carlos Gamino

What is Self-Defense?

What is Self-Defense in Waukesha, Milwaukee, and Elsewhere in Wisconsin - Carlos GaminoBy Carlos Gamino

You have the right to defend yourself or something that belongs to you—or even another person—if you’re under attack.

But what happens when you end up being arrested for battery, for example, when all you were really doing was defending yourself?

What is Self-Defense?

Self-defense is a privilege under Wisconsin law that you have if you’re being attacked.

The law says, “A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.”

Conditions of a Self-Defense Argument

If you’ve been accused of battery because you were defending yourself, the prosecutor has to prove that you were doing more than that.

Remember, you can only use the degree of force reasonably necessary to prevent or stop the interference. That means when the threat stops, you stop; otherwise, you could face battery charges in Waukesha, Milwaukee, or elsewhere in Wisconsin.

Also, you can’t usually claim self-defense if you engage in unlawful behavior likely to provoke others to attack you… unless the attack that ensues reasonably causes you to believe that you’re is in imminent danger of death or great bodily harm.

Do You Need to Talk to a Lawyer About Self-Defense in Waukesha or Milwaukee?

If you were simply defending yourself but were charged with a crime, we may be able to help you.

Call our Milwaukee and Waukesha criminal defense lawyers right now at 414-383-6700 (Milwaukee) or 262-650-6700 (Waukesha) for a free self-defense case evaluation.

Carlos Gamino