Defense Options To Theft Charges In Wisconsin

 

What Are Your Defense Options When Facing Theft Charges in Wisconsin?

Theft charges and convictions for theft vary widely in their severity in Wisconsin, but even the least serious charge, a Class A misdemeanor, can lead to as much as $10,000 in fines and up to 9 months in jail. That is anything but simple or insignificant if you are convicted. Fortunately, there are several defense options that can be used to fight theft charges.

Defining Theft in Wisconsin

In order for an action to be considered theft in Wisconsin, the action must be:

• intentional,
• undertaken without the consent of the owner of the property, and
• with the intention of permanently depriving the owner of possession of the property.

Convictions for theft range from the Class A misdemeanor fines and penalties mentioned above to Classes I, H, G, or F felony charges that include as much as $25,000 in fines and/or 12.5 years in prison. There is no question that a conviction for theft will change your life for the worse which is why it is so important to work with an experienced criminal defense attorney whenever you are facing theft charges.

Defense Options for Theft Charges

The criminal defense attorneys at Eisenberg Law Offices will examine your situation from all sides to build the strongest, most effective defense possible. Six of the most common theft defense strategies are outlined below.

1. Ownership Claims. Defendants who use this strategy believe that the stolen property belonged to them. In order to succeed using this defense, you must be able to prove that you owned the property at the time of the alleged theft.
2. Intoxication or Impairment. If you were under the influence at the time of the theft, there is a good chance that you lacked intent in your actions. Proving intent is necessary to win a theft case.
3. Lack of Intent. Intent must exist in theft cases. If the prosecution cannot prove that you intended to permanently take the property without the owner’s consent, you may be able to get your case dismissed.
4. Entrapment. This defense is most often used in cases that involved police sting operations. If you were coerced or lured into committing the theft by an officer of the law or other government official, you may be able to use this defense.
5. False Allegations. Defendants can be falsely accused. Sometimes these accusations are an honest mistake; other times they are made out of spite or in revenge. If it can be proven that the accusations were false, you can avoid a conviction.
6. Flawed Valuation. If the stolen property was incorrectly valued higher than it is in reality, you may be able to get your charges reduced to a lesser crime since theft charges are based on the dollar value of the property that has been stolen.

Fight Theft Charges With Help From Eisenberg Law Offices

Don’t let a conviction for theft ruin your life. Contact the criminal defense attorneys at Eisenberg Law Offices for advice on theft defense and to discuss your legal options. We offer free and confidential case consultations. Arrange yours by calling our Madison law firm at 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/defense-options-to-theft-charges-in-wisconsin/

Wisconsin Auto Accidents | Car Accident Causes

The Demographics of Wisconsin Auto Accidents

Numerous factors go into analyzing auto accidents in Wisconsin. The driver’s age and years of driving experience, the model, age, and type of vehicle involved, weather and road conditions, and extenuating circumstances can all play a role in causing an accident. Insurance agencies use this information to set car insurance premiums and states other units of government use the data to inform policy decisions.

It’s natural to wonder which drivers cause the most auto accidents in Wisconsin, but the reality is, accidents occur for a variety of reasons.

Auto Accident Demographics

• Accidents by Age Group. Experience behind the wheel is one of the single most important factors in preventing car accidents. That’s why it is no surprise that the Insurance Institute of Highway Safety (IIHS) reports that drivers under age 19 are three times more likely to be involved in an accident than drivers over age 20. Teens cause many more accidents than any other age group, including senior drivers.

• Accidents by Gender. What about male and female drivers? Male drivers tend to receive more tickets for traffic violations and DUIs than female drivers. But those numbers may not tell the whole story because men also tend to drive more miles than women.

• Accidents by Driving Behavior. Some studies suggest that as much as 90% of accidents result from driver behavior.  Driving behaviors that have been proven to cause accidents include:
  • Distracted driving
  • Speeding
  • Driving While Intoxicated
  • Aggressive Driving
  • Drowsy Driving

• Accidents Due to Weather. Wisconsin weather conditions, and related road conditions, also cause auto accidents. Snow, ice, and rain can all make stopping difficult while factors like fog and sun glare can make it harder to see what’s on the road ahead of you. 

Meet with a Wisconsin Auto Accidents Attorney

We shouldn’t lose sight of the fact that every accident represents a life disrupted and perhaps, irrevocably changed. Auto accidents can cause physical and emotional trauma, personal and property losses, and temporary, short-term, long-term, or even permanent changes to driver and passenger lives. Worst of all is when an accident occurs that is not your fault, yet you are the one left to suffer.

If you have been injured as the result of a car accident in Wisconsin, contact Eisenberg Law Offices to find out if you are eligible to file a personal injury claim. We help car accident victims recover compensation from accidents that were not their fault, yet have left them with injuries, property loss, and/or high medical bills.

Discuss your situation with one of our Madison attorneys during a free case consultation. Arrange your consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-auto-accidents-car-accident-causes/

Avoid Weapons Charges in Wisconsin | Wisconsin Weapons Facts

 

Know the Facts to Avoid Weapons Charges in Wisconsin

Many Americans carry weapons for self-defense, hunting, or recreation. But each state has its own laws regarding the ownership, use, and carrying of weapons. Ignorance of local laws can result in unexpected weapons charges if you are found to be in violation of the law even if you didn’t engage in any other criminal activity. Below, we share some important facts about Wisconsin's weapon-carrying laws to help you avoid being brought up on weapons charges.

Facts About Wisconsin Weapon Carrying Laws

Along with the U.S. Constitution, Article I, Section 25 of the Wisconsin State Constitution protects "the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose." However, there are rules surrounding this law that you should be aware of in order to avoid weapons charges.

• Open carry state. Although Wisconsin is an open carry state, there are restrictions on the presence of certain types of weapons in certain areas. For example, you cannot carry a weapon openly inside your vehicle, nor can you possess an automatic weapon and you cannot openly carry it in a public building or anyplace where alcohol is served.
• The Castle Doctrine. The state provides special protections for weapons through Castle Doctrine Specifically, you are free to wield, carry, or store a legal weapon anywhere within your own home.
• Concealed Carry. You must have a concealed carry permit in order to carry a firearm or electric shock device in a hidden location on your person. Any location that is not in sight of the people nearby is considered concealed.
• Explosive Devices. It is illegal to possess any type of explosive device or substance that is intended to disable a person other than pepper spray/oleoresin of capsicum.
• Reciprocity Laws. State reciprocity laws mean that out-of-state licenses are considered legally equivalent to Wisconsin state licenses and provide all of the same privileges.
• Felony Charges. A felony charge from any state negates firearms privileges in the state.
• Domestic Abuse. Anyone who has received an injunction against them for domestic abuse is unable to own or possess any type of dangerous weapon.
• Weapons Modifications. Intentionally modifying a weapon to make it more dangerous is specifically outlawed in the state. As is possessing a machine gun or weaponizing a drone.

Weapons Charges Can Result in Misdemeanor or Felony Convictions

If you are arrested for violating a Wisconsin weapons law, you could be charged with a felony or misdemeanor. It all depends on the type of weapon that was involved, where the incident occurred and the particulars of the situation in question. Penalties range from thousands of dollars in fines and jail to prison time. Finally, if you are arrested or ticketed under state weapons laws, your weapon may be confiscated as evidence. If it is an illegal weapon, you will not get it back.

Weapons Charges Defense at Eisenberg Law

Building a defense against weapons charges depends on the specific facts of the case, the evidence against you, and your criminal record (if any). It is never a good idea to try and defend yourself against these types of charges. There are many nuances in case circumstances as well as existing laws and past cases that could help or hinder your case. You need the expertise of a Wisconsin criminal defense attorney to help you research past cases, apply legal precedent to your case, and then argue those points effectively in court.

The criminal defense attorneys at Eisenberg Law Offices are experienced and effective advocates for our clients. We can help you fight Wisconsin weapons charges by building a defense that fits your situation. Contact us for a free, confidential, and no-obligation consultation today. Arrange your consultation at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/avoid-weapons-charges-in-wisconsin-wisconsin-weapons-facts/

Maximum Medical Improvement And Car Accident Claims

 

What Is Maximum Medical Improvement and How Does it Affect a Car Accident Claim?

Someone who has been seriously injured in a car accident may decide to pursue a personal injury claim to help cover the financial costs associated with their recovery. In many cases, this compensation is desperately needed as medical bills pile up and expenses mount. One thing we caution our clients on is to avoid accepting a settlement or settling their claim too early.

There is a point in recovery called "maximum medical improvement" and settling before this point has been reached can result in the injured person not having enough money to cover all of their medical costs.

What is Maximum Medical Improvement?

Maximum medical improvement (MMI) is a term used by both attorneys and physicians to mark the point in a victim's recovery where treatment plateaus and no further improvement is expected. Sometimes this means that the patient has fully recovered. At other times, it means that there are no further treatment options available to improve the patient's condition; they have recovered from the car accident as best they will be able.

Reaching your MMI is important in personal injury cases because it is at this point that your physician provides a final diagnosis and also a prognosis for future medical care or treatments. Your doctor will be able to tell you if you will be living with chronic pain or require treatments for the rest of your life, for example.

MMI and Car Accident Claims

Many victims feel pressure to settle their car accident claim in order to alleviate the financial and emotional stress of pursuing the claim and dealing with mounting medical bills. However, settling before MMI is reached can reduce the amount of compensation you receive from your claim in two ways.

1. By waiting for your maximum medical improvement to be reached, your attorney will be able to determine your total financial need and provide a more accurate valuation to support your claim. Settling before MMI is reached can result in not having the funds needed to cover not just your current and near-future medical costs, but also lost wages, pain and suffering, emotional trauma, and the long-term costs associated with your condition.
2. Once a settlement has been reached and accepted, you are unable to file for further compensation. This is true even if new expenses arise in the future. If you settle before your MMI is reached, you are all but certain to incur additional medical expenses because you know you're not fully recovered yet. Not only that, before MMI is reached, you have no idea what your future ongoing medical needs will be and won't be able to prove a need to obtain compensation for them.

Work With Eisenberg Law to Maximize Your Car Accident Compensation Claim

Although it is difficult, waiting in some circumstances is the best policy in car accident compensation claims. Waiting until you have reached your maximum medical improvement provides you with your best chance at obtaining the full amount of compensation you need. Your Eisenberg Law attorney will consult your medical care team to determine when MMI has been reached and what future care needs will look like. Our team will then analyze future costs and use that information to develop an accurate and fair valuation of need to use in your claim.

Don't shortchange your future by settling an accident claim too quickly. Contact Eisenberg Law Offices for advice and representation. We will ensure you are fairly compensated for your injuries so your future is secured.

Discuss your situation with one of our car accident attorneys in a free and confidential consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/maximum-medical-improvement-and-car-accident-claims/