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Providing Defense Strategies and Legal Counsel to Those Accused of Misdemeanor Crimes
As soon as you’re arrested and charged with a crime, you are part of the criminal justice system, and it’s not always easy to navigate. It may feel like everything is stacked against you, and it’s true that the state has significant resources to investigate and prosecute crimes. But working with an experienced Wisconsin criminal defense attorney can help you level the playing field and ensure that you also have someone dedicated to representing you and advocating for your rights.
Misdemeanor charges may be less serious than felonies, but they can still carry hefty penalties. Get the help you need understanding your charges and planning your defense when you work with the attorneys at West & Dunn. We have extensive experience helping defendants in Waunakee and the surrounding area fight back against criminal charges.
What Is a Misdemeanor?
Misdemeanors are the lowest category of criminal charges. A misdemeanor charge is a criminal charge that carries a jail sentence of a maximum of 9 months. Many people mistakenly believe that a misdemeanor charge isn’t serious. They may believe that they won’t go to jail or that a misdemeanor conviction isn’t a big deal on their criminal record. But the truth is that any criminal conviction has the power to negatively affect your future. People can be and frequently are sentenced to months in jail as a result of misdemeanor charges, and you could also be ordered to pay a fine of up to $10,000, depending on the type of charge.
Any criminal charge — including a misdemeanor — should always be taken seriously. It’s important to retain an experienced criminal defense lawyer as soon as possible to help you navigate the criminal justice system and mitigate any consequences.
What Are Some Common Examples of Misdemeanor Crimes in Wisconsin?
Many of the criminal cases that come through the Wisconsin courts involve misdemeanor charges. Some of the most common include:
- Drug crimes, such as simple possession
- Theft, including shoplifting
- Reckless operation of a vehicle
- Battery, which involves causing minor injury to another person
- Driving under the influence or operating while intoxicated
Misdemeanors in Wisconsin are classed as either A, B, or C. The potential penalties are as follows:
- Class A: up to 9 months in jail and $10,000 in fines
- Class B: up to 90 days in jail and $1,000 in fines
- Class C: up to 30 days in jail and $500 in fines
Keep in mind that these are maximum penalties, and it’s possible to get a lesser sentence in some situations. If you have questions about what kind of misdemeanor you have been charged with and what that might mean for the potential sentencing guidelines, reach out to one of our criminal defense attorneys.
When Can a Misdemeanor Be Charged as a Felony?
In some situations, what would usually be a misdemeanor crime could be charged as a felony. This is commonly seen in possession-related drug offenses or instances of alleged battery. Simple possession of a controlled substance is generally a misdemeanor in Wisconsin, but you were carrying a larger amount of the substance, the charges could get upgraded to intent to sell or even trafficking. These are both serious felonies under Wisconsin law. Similarly, battery is usually a misdemeanor, but if the injuries to the other party were severe or there was a dangerous weapon involved, it could be escalated to an aggravated battery charge, which is a felony.
Is It Possible to Avoid Jail Time?
While misdemeanor crimes can technically result in a jail sentences of up to 9 months if you’re convicted, it is possible in some cases to avoid jail time altogether. If the charges are dropped, you don’t have to go through the process of a trial, and you won’t be convicted. This is the best case scenario. However, it may also be possible to avoid jail time by using the strategy of a plea bargain or requesting a diversion program in some cases.
Diversion programs are generally used when someone has a first offense related to drugs or alcohol. The idea is to provide the opportunity for the person to receive education and treatment instead of having to go to jail. In some cases, you may even be able to avoid a criminal conviction on your record if you complete the program.
Your attorney may also suggest a plea bargain in some cases. This is a deal that you make with the prosecution to plead guilty in exchange for a lesser charge or reduced or no jail time. This lets you avoid the time and expense of a trial and put the incident behind you more quickly as well. However, you will have a criminal conviction on your record, and this isn’t something to be done lightly.
Do I Need a Wisconsin Criminal Defense Attorney for Misdemeanor Charges?
While it may be tempting to forego legal representation if you’ve been charged with a minor misdemeanor, it’s not a good idea. Any time you are facing criminal charges, you should have an experienced attorney on your side. A trial attorney can help you navigate the legal process and handle criminal appeals, if necessary. Criminal defense lawyers can be present during questioning by police, which can help ensure that you don’t say or do anything that could inadvertently harm your defense.
If you’ve been charged with a misdemeanor crime, call the law firm of West & Dunn at 608-490-9449. Our criminal defense attorneys have extensive experience helping clients deal with all kinds of criminal charges. Call today to schedule your appointment and start taking steps to protect your future.