Criminal Law Information

What is Criminal Law?

Criminal law involves government prosecution of an individual for an act that is classified as a crime. Criminal cases are tried through a state prosecutor who initiates the criminal law cases. Individuals who are convicted of a crime may be incarcerated, fined, or a combination of both.

If you would like more information on Criminal Law or any topics which concern a legal matter, please contact Rob Wertheimer for a free initial consultation at 715-381-1273 or contact.

Criminal Defense

The best hope in a criminal case is to have a criminal attorney give you legal help with your criminal case. They are highly recommended to protect your rights and secure the best possible deal for your case. Criminal defense lawyers will know what the best case and worst case scenarios are and properly advise your of your legal rights based on the crime you have committed. If you don't use a criminal defense attorney, you could be jeopardizing your future and the severity of the punishment for your crime. If you have been accused of a dui or dwi then a dui attorney will be your best bet to help.

What is a Crime?

A crime is defined as any act or omission (of an act) in violation of a public law forbidding or commanding it. Criminal law is primarily defined by local, state and federal governments. Criminal law varies from state to state,

Criminal law crimes include both felonies and misdemeanors. Felonies are more serious criminal offenses such as murder or rape. Misdemeanors are less serious criminal offenses such as petty theft or jaywalking. Felonies are punishable most of the time for a minimum of one year in prison. Misdemeanors are punishable for less than one year in prison.

Most criminal law crimes consist of two key elements; an act and a mental state. Criminal law prosecutors have to prove all elements of the criminal law crime to gain a conviction. In addition, the criminal law prosecutor must convince a jury or judge 'beyond a reasonable doubt' of all facts needed to validate the guilt of the crime charged.

Types of Crimes

Felony - A felony is an offense punishable by a term of imprisonment exceeding one year or by death.

Misdemeanor - A misdemeanor crime punishable by imprisonment in a county jail for up to one year or jail and fine

Crime and Criminal Procedures

KIDNAP

To lead, take, or entice a person away, or to detain an individual with intent to hold them for ransom as a hostage or for the purpose of inducing compliance with a demand or obtaining any advantage.

  • Ransom money
  • Hostage taking
  • International parental kidnapping

ASSAULT

  1. An act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
  2. A general word to include both a threat of, and the actual infliction of, personal violence.
  3. A form of the tort of trespass to the person.
  • Sec. 111. - Assaulting, resisting, or impeding certain officers or employees.
  • Sec. 112. - Protection of foreign officials, official guests, and internationally protected persons.
  • Sec. 113. - Assaults within maritime and territorial jurisdiction.
  • Sec. 114. - Maiming within maritime and territorial jurisdiction.
  • Sec. 115. - Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
  • Sec. 116. - Female genital mutilation.

EMBEZZLEMENT AND THEFT

  1. Embezzlement -A statutory offense committed by a clerk or servant who misappropriates property received in the course of employment for, and under the authority of, the master or employer.
  2. Theft -A theft is the term normally describing the offense of stealing or larceny.

HOMICIDE - MANSLAUGHTER, MURDER

The crime of homicide is classified as either manslaughter or murder.

  1. A killing, lawful or unlawful, of one human being by another.
  2. Unlawful killing with or without intent to kill or do grievous bodily harm.

AGGRAVATED SEXUAL ABUSE & ASSAULT

By Force or Threat - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes

  1. by using force against that other person; or
  2. by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

By Other Means - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly:

  1. renders another person unconscious and thereby engages in a sexual act with that other person; or
  2. administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby.

If you would like more information about Criminal Law in Wisconsin, or have questions on any topics which concern a legal matter, please contact Rob Wertheimer for a free initial consultation at 715-381-1273.