You would only find out the gravity of an alleged criminal defense when you have been informed of the charges against you. The prosecutor may have made a relatively quick decision about the severity of the crime with which you have been charged. Some may err on the side of overcharging you because it could give them more leeway later in the process. Regardless of the crime that you have been charged with, it is essential that you get legal help from an Appleton criminal defense attorney from Hogan Eickhoff as soon as possible. They may be able to help you fight the charges or otherwise achieve the best possible outcome in your case through a plea bargain with the prosecutor.
Under Wisconsin law, there are some criminal offenses that could be charged as a felony or misdemeanor. The prosecutor may have the discretion about which type of crime to charge you with, or certain aggravating factors could demand that the charges against you be elevated to felonies. If you are charged with and convicted of a felony, you could be facing a long jail sentence and other major impacts on your life. If you have been charged with any type of criminal offense in Wisconsin, you need immediate legal help from an experienced criminal defense attorney.
Repeated Offenses Could Lead to Felony Charges
One of the main ways that misdemeanors can become felonies is through the number of times that you have been charged with and convicted of a crime. For example, if you have been charged with operating while intoxicated in Wisconsin, subsequent offenses could rise to the felony level. The level of misdemeanor charge elevates on second and third offenses. By the time you are convicted of a fourth offense, it would be considered a felony in Wisconsin, there would be a mandatory minimum jail sentence, and you would experience other consequences, such as the loss of a right to carry a firearm.
The Amount of a Substance Could Raise the Severity
Crimes could also elevate to a felony based on the amount of a substance that is involved. For example, drug possession is generally a misdemeanor under Wisconsin law. However, possession of a certain amount of drugs could make the crime a felony. There is an entire listing of individual drugs in Wisconsin law and the amounts that would make possession considered a felony. The classification of a felony would also elevate based on the amount of the substance that you are alleged to have possessed.
Crimes That Occur in Certain Areas Could Be Felonies
The location of an alleged crime could also mean that it could become a felony. For example, when certain alleged actions occur near a school zone, they could go from a misdemeanor to a felony. Some areas could have a protected status under Wisconsin law, meaning that crimes that occur near those areas may carry with them a potentially elevated charge, which could even result in jail time.
There Are Other Aggravating Factors That Could Lead to Felony Charges
Crimes may also be charged as a felony when there are other aggravating factors. For example, if there was serious bodily harm involved, a crime may be charged as a felony. This principle would hold true whether drug or vehicular charges are involved. For example, a battery may be charged as a misdemeanor in Wisconsin. However, if there was serious bodily harm that resulted from the commission of battery, it could become a felony. The same thing goes if there was a law enforcement officer involved and physical contact was made with them.
Crimes could also become felonies when children are involved. An assault committed by a daycare provider may automatically be charged as a form of felony child abuse. Children have an extra degree of protection under Wisconsin law, and there are elevated charges when there is violence committed against them or they are placed at risk (such as when a driver is pulled over for OWI with children in the car).
“Wobbler” Crimes Present Particular Challenges
There are some alleged crimes that a prosecutor would have to charge as a felony if the circumstances involve certain facts. However, there are other classes of alleged crimes that afford the prosecutor some discretion in how they are charged. Some offenses are considered as “wobblers.” The prosecutor has the ability to charge them as either felonies or misdemeanors, and it is up to their discretion. The prosecutor may “overcharge” the crime in an attempt to get you to plead guilty to something and be able to win a conviction in your case. It would be up to the individual prosecutor involved in your case to determine how to charge the crime.
There are also other factors that could elevate the category of felony charges that you may be facing. You may have already been charged with a felony, but the classification can be greater based on such things as the presence of a weapon. You could end up facing a much longer potential sentence if the prosecutor has alleged that certain aggravating factors are present.
You should hire a criminal defense attorney any time that you have been charged with a crime, especially when there is some ambiguity about what the prosecutor could charge in your case. Early engagement with the prosecutor could mean that there is a difference in charges, or you may have the ability to plead to a lesser offense under your circumstances. The prosecutor may be more willing to engage in plea bargain negotiations when they see that you have hired an aggressive criminal defense attorney who may fight them every step of the way.
Contact an Appleton Criminal Defense Attorney Today
The criminal defense attorneys at Hogan Eickhoff can provide you with a vigorous legal defense when you have been charged with any crime in Wisconsin. Call us at (920) 450-9800 or contact us online to schedule a free initial consultation. We will provide you with legal representation in a determined and non-judgmental manner.