Lee Law Firm, LLC

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Serving the accused in Wisconsin’s Milwaukee, Waukesha and Kenosha counties .

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Frequently Asked Criminal Defense Questions

Drug FAQ

    • MORE RESOURCES
      • https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/41
      • https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/41/3g
      • https://www.usccr.gov/pubs/2019/06-13-Collateral-Consequences.pdf
    • WHAT IS INTENT TO DISTRIBUTE?
      • A charge with the intent to distribute means that an individual is in possession of a controlled substance not only for personal use but with the intent to sell to another person or a number of individuals. When charged with this crime, the penalties are much more severe.
    • WHAT IS DRUG MANUFACTURING?
      • The penalties for the possession of marijuana varies depending on the amount that is in your possession. Penalties can range anywhere from a ticket to a Class C felony ($100,000 fine, 40 years imprisonment or both). In Milwaukee County, any more than 25 grams of marijuana could result in a misdemeanor charge or a felony charge.
    • WHAT ARE THE PENALTIES FOR DRUG POSSESSION?
      • The penalties for the possession of marijuana varies depending on the amount that is in your possession. Penalties can range anywhere from a ticket to a Class C felony ($100,000 fine, 40 years imprisonment or both). In Milwaukee County, any more than 25 grams of marijuana could result in a misdemeanor charge or a felony charge.

Gun FAQ

    • DOES WISCONSIN HAVE OPEN CARRY?

      • In Wisconsin, it is legal to openly carry firearms in public as long as the person carrying is 18 years of age or older and legally allowed to possess a firearm. Open carry does not require registration or a permit, but individuals may be asked by law enforcement to provide proof that they are legally allowed to possess the firearm.

        It is important to remember that open carry may not be legal in certain places such as schools, government buildings, courthouses, law enforcement buildings, private property where posted signs indicate so, and other locations prohibited by state or federal laws. Furthermore, while open carry is generally legal within the state of Wisconsin, local municipalities may still choose to enact their own ordinances limiting or prohibiting open carry. Failure to obey local laws and regulations when it comes to open carry may result in fines or other legal consequences.

    • MORE RESOURCES
      • https://docs.legis.wisconsin.gov/statutes/statutes/941/III/23
      • https://docs.legis.wisconsin.gov/statutes/statutes/175/60
      • https://www.doj.state.wi.us/sites/default/files/dles/ccw/ccw-faq%201-2018.pdf
    • HOW DO YOU LOWER THE PENALTIES FOR A CARRY CONCEALED WEAPON CHARGE?
      • At Lee Law Firm, LLC, I am committed to walking with you in every step of the process. To build a defense, I conduct an individual consultation and review the facts of your case against the elements of the charges. With specific exceptions, a person is guilty of carrying a concealed weapon if he or she “goes armed with” a concealed and dangerous weapon. Wis. Stat. § 941.23(1)(ag). A person is guilty of carrying a concealed weapon in an automobile when the weapon is located inside a vehicle and is within the defendant’s reach; the defendant is aware of the presence of the weapon; and the weapon is concealed, or hidden from ordinary view. Consultations vary from case to case, and meeting with you will allow me to build the best defense for your case.
    • HOW DO YOU BUILD A DEFENSE FOR A CARRY CONCEALED WEAPON CHARGE?
      • To lower the penalties for a carry concealed weapon charge, there are a number of variables taken into consideration. These include your criminal history, your character as well as the details of the case. It is critical to have a skilled attorney that understands your background and who is familiar with navigating the system. Your attorney will advise you in this process and fervently fight for you whether your case goes to trial or the goal is to decrease your penalties.
    • WHAT ARE COMMON REASONS PEOPLE GET CHARGED WITH VIOLATING THE CARRY CONCEAL LAW?
      • Transporting Incorrectly– While many believe that a firearm can be transported in the glove box or the center console of their vehicle, doing so results in a violation.In State v. Fisher, 2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, the Wisconsin Supreme Court held that only in extraordinary circumstances does an individual carrying a concealed weapon in a vehicle demonstrate that his interest in the state constitutional right to keep and bear arms for security substantially outweighs the state’s interest in prohibiting that individual from carrying a concealed weapon in his motor vehicle. Therefore, the individual’s right to possess a firearm under the state and federal constitutions is not violated when the state prosecutes an individual for carrying such a firearm when it is concealed in their car.However, the safe transport statute expressly permits the transportation of a firearm in a vehicle, so long as the firearm is either unloaded or is a handgun. Wis. Stat. § 167.31(2)(b)1. This statute provides that “no person may place, possess, or transport a firearm … in or on a vehicle, unless … The firearm is unloaded or is a handgun.”In State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994), the court recognized (but did not hold) that the transportation of a firearm in a vehicle when in compliance with the safe transport statute does not constitute “going armed” with a concealed weapon.This means that conduct authorized by the safe transport statute, such as transporting a handgun, appears to be prohibited by the statute banning the carrying of a concealed weapon. This seems conflicting and raises a significant question as to whether the carrying a concealed weapon statute actually provides fair notice of its prohibitions to an ordinary person who transports a firearm inside a vehicle.On March 13, 2017, in State v. Brian Grandberry, 2016AP173-CR (an accepted a Petition for Review by the Wisconsin Supreme Court) addressed this particular issue. Grandberry was charged with carrying a concealed weapon after police stopped the car he was driving and found a loaded pistol in the glove compartment. He argued that the state cannot prove that he was “going armed” with the gun because the safe transport statute permitted him to have a gun in the glove box. The court of appeals disagreed, holding that Grandberry needed a concealed carry permit in order to transport the gun. On April 10, 2018, the Wisconsin Supreme Court upheld the appeals court decision. The Court found that the Concealed Carry Statute and Safe Transport Statute are not in conflict because Grandberry could have complied with both by either obtaining a license to carry a concealed weapon pursuant to Wis. Stat. § 175.60 or by placing his loaded handgun out of reach.
    • WHAT ARE THE PENALTIES FOR A CARRY CONCEALED WEAPON CHARGE?
      • Carrying a Concealed Weapon is a class A misdemeanor in Wisconsin, punishable by up to 9 months in jail and a $10,000 fine.

Assault FAQ

    • MORE RESOURCES
      • https://docs.legis.wisconsin.gov/statutes/statutes/940/II/19
    • HOW CAN A LAWYER HELP IN A DOMESTIC VIOLENCE CHARGE?
      • Assault and battery cases which do not result in bodily harm or independent eye-witnesses often are a matter of “he said, she said.” Credibility, in those circumstances, is key. Your attorney  can walk you through the necessary steps to prepare for your specific case.
    • WHAT IS A DEFENSE AGAINST DOMESTIC VIOLENCE
      • Having an attorney walk you through a domestic violence charge is extremely important in order to help you understand the defenses that you have and how the evidence will weigh for and against you at trial. This will allow you to make the best informed legal decision as to how you want to move forward with your case.
    • WHAT ARE THE PENALTIES FOR BATTERY?
      • Under Wisconsin Statutes 940.19:
        • Class A misdemeanor – causing any harm while intending to cause bodily harm
        • Class I felony – causing substantial bodily harm with intent to cause bodily harm
        • Class H felony – causing great bodily harm with intent to cause bodily harm
        • Class E felony – causing great bodily harm with intent to cause great bodily harm

        A conviction of a Class A misdemeanor can result in penalties of up to 9 months in jail and fines up to $10,000.
        Felony charges can be filed as Class I, H, or E with penalties of 3 and a half to 15 years in prison and fines between $10,000 and $50,000 depending on the degree of bodily harm done and your intentions.

OWI FAQ

    • MORE RESOURCES
      • https://docs.legis.wisconsin.gov/statutes/statutes/343
      • https://docs.legis.wisconsin.gov/statutes/statutes/346
      • https://docs.legis.wisconsin.gov/statutes/statutes/885/I/235
    • WHAT ARE THE PENALTIES FOR OWI AND DUI?
      • A first offense OWI or DUI is considered a civil offense — not a criminal offense. Penalties for a first offense OWI or DUI can include fines up to $800 and having your license suspended for at least six months.
        Second and third offenses of OWIs and DUIs are misdemeanors. Penalties include significantly larger fines, longer driver’s license suspensions, and time in jail. A fourth conviction and consecutive convictions are felony charges.
    • WHAT HAPPENS IF I TEST ABOVE THE LEGAL LIMIT?
      • If you consent to a test and the result of the test is above the legal limit, you will be given a Notice of Intent to Revoke Operating Privilege. You have ten days to request an administrative hearing to challenge the suspension of your license. Failure to request a hearing or losing the hearing will cause your license to be suspended for six months. You may also receive additional penalties, if you are convicted.
    • WHAT HAPPENS IF I REFUSE TO TAKE A TEST? WHAT HAPPENS TO MY LICENSE?
      • You do not have to consent to a test. If you refuse, you will be given a Notice of Intent to Revoke Operating Privilege. You will have ten days to request a court hearing. If you do not request a hearing or lose the hearing, your license will be suspended for at least one year.
    • WHAT CONSTITUTES INTOXICATION IN WISCONSIN?
      The following constitutes OWI or DUI:
      • Driving with a Blood Alcohol Concentration (BAC) of .08 percent or higher. If you are stopped for an OWI with a blood or breath test that registers at .08 percent or higher, you are considered intoxicated and unable to operate a vehicle safely.
      • Driving under the influence of drugs, alcohol, and/or chemical substances.
      • Driving with any detectable amount of intoxicant in your system.
      • Driving under the influence of any drug.

If you have been charged with a crime, call Lee Law Firm, LLC at 414-567-5631 for a free consultation.