Even if you have been charged with weapons violations in Wisconsin, a conviction is not a foregone conclusion. You still have multiple legal options available to you. It may be possible to successfully defend against these charges, but you must act now to secure a criminal defense lawyer and begin work on your case. Once you have an attorney, they can review the circumstances of your case to help determine whether you have any valid defenses to the charges against you.
The experienced Appleton criminal defense attorneys at Hogan Eickhoff can provide you with common-sense and hard-hitting legal representation when you are facing weapons charges in Wisconsin. The sooner you call, the sooner we can begin building a strong defense tailored to the specifics of your case.
Common Weapons Charges in WI
Wisconsin law imposes serious penalties for weapons offenses, with charges ranging from misdemeanors to felonies, depending on the circumstances. Common weapons charges in Wisconsin include:
- Carrying a Concealed Weapon Without a License (Wis. Stat. § 941.23)
- Possession of a Firearm by a Felon (Wis. Stat. § 941.29)
- Endangering Safety by Use of a Dangerous Weapon (Wis. Stat. § 941.20)
- Possession of a Short-Barreled Rifle or Shotgun (Wis. Stat. § 941.28)
- Carrying a Weapon in a Prohibited Place (Wis. Stat. § 941.235)
- Possession of a Switchblade or Dangerous Weapon (Wis. Stat. § 941.24)
You Might Argue That There Was No Intent
Most weapons charges require that the prosecutor prove that you had the intent to commit a crime. For example, you cannot be convicted of illegal gun possession if you did not have any knowledge you had a gun. However, a lack of knowledge of the law is not the same thing as not having any intent to commit a crime. You are always charged with having a basic knowledge of the law, and you can be convicted if you knew you had a gun, but not that possessing it was illegal.
There is a fine line between a lack of knowledge of the law and a mistaken belief of fact that can negate the required intent for a conviction. However, it is up to you (and your defense attorney) to successfully demonstrate and prove your belief and knowledge at the time you were arrested.
Self-Defense in Response to Weapons Charges
You can also make similar arguments if you are facing criminal charges based on how you are alleged to have used the gun. For example, if you brandished or even discharged a firearm, you can argue that it was in self-defense because you reasonably feared for your safety based on the actions of another person. Then, you could not have had the intent necessary to commit a weapons-based crime because you may have legitimately believed that you were acting to protect yourself (or even other people). Wisconsin has a “stand your ground” law that may increase the chances that you can successfully argue self-defense because you do not have a duty to retreat.
Once you can present a self-defense argument, the burden then shifts to the prosecutor. They must prove beyond a reasonable doubt that you did not act in self-defense. If you have presented enough evidence, a jury will be given an instruction to consider whether you validly acted in self-defense. However, there may still be challenges to your defense if you were the initial aggressor in an altercation or if you used an excessive amount of force.
Even if you had the right to use force, it must have been reasonable for the situation presented. Nonetheless, arguing self-defense may mean that you are convicted of lesser charges, such as a weapons violation, as opposed to more major charges, such as homicide.
You Can Challenge the Evidence Being Used Against You
In some cases, the actual weapon that you are alleged to have possessed is key evidence in your case on which the prosecutor relies. Law enforcement may have discovered the weapon in your possession, and the prosecutor claims that it was in violation of the law. If you can suppress the actual physical evidence being used in your case, the prosecutor may no longer be able to prove the charges against you.
In this regard, the most effective way to challenge the evidence is to claim that it was seized from you in violation of your Fourth Amendment rights. Weapons charges often result from a quick pat down or search when a police officer has reasonable suspicion of a crime and conducts a Terry stop. In other cases, the weapon is taken, either as an exception to the warrant requirement or pursuant to a search warrant based on probable cause.
In the former circumstances, you may argue that the police needed an actual warrant to conduct a search. In the latter instance, your criminal defense lawyer might claim that there really was no probable cause for a search or that law enforcement exceeded the scope of the warrant.
Your criminal defense attorney will review the specifics of your situation to determine whether there is any opening to fight the charges against you. If you can present a strong opening defense in your case, you may have more legal options. The prosecutor may be more likely to make a better plea bargain offer if they see that you are prepared to fight them all the way, and they know that you have valid legal defenses. You can at least present a vigorous legal defense early in your case through filing pretrial motions.
For example, if your defense lawyer has key evidence suppressed by the judge through pretrial motions, the prosecutor may lose most or all of their case against you. At that point, your criminal defense lawyer can reassess whether you want to take your case all the way to trial or whether you may consider intensifying negotiations with the prosecutor for a plea bargain.
Contact an Appleton Criminal Defense Attorney
Gun charges in Appleton threaten your Second Amendment rights, freedom, and future with serious criminal penalties. Hogan Eickhoff provides aggressive criminal defense representation, challenging evidence, protecting your constitutional rights, and fighting to preserve your gun ownership privileges. Our experienced Appleton attorneys understand Wisconsin firearms laws and build strong defenses against unlawful possession, concealed carry violations, and weapons-related charges.
Contact Hogan Eickhoff today for a confidential consultation and dedicated legal advocacy that gives you the best chance at favorable outcomes and protecting your rights. You can message us online or call us today at (920) 450-9800.