Eau Claire Criminal Defense Blog

With fentanyl abuse creating a severe public health emergency in Wisconsin and throughout the U.S., lawmakers have passed laws imposing harsh sanctions on individuals who traffic fentanyl into or around Wisconsin. Depending on the facts of a defendant’s case, a person may face years or decades in prison for trafficking fentanyl. State Penalties for Fentanyl Trafficking Under Wisconsin law , the grading of a fentanyl trafficking offense also depends on the quantity of drugs involved in a defendant’s case. A case involving 10 grams of fentanyl or less constitutes a Class E felony; more than 10 grams but less than 50 grams constitutes a Class D felony; more than 50 grams constitutes a Class C felony. Penalties for fentanyl trafficking convictions under state law include: Class E Felony – Up to 15 years in prison, a fine of up to $50,000, or both Class D Felony – Up to 25 years in prison, a fine of up to $100,000, or both Class C Felony – Up to 40 years in prison, a fine of up to $100,000, or both Potential Aggravating Factors State and federal laws may impose additional or enhanced penalties for aggravating factors in a fentanyl trafficking case. For example, defendants may receive enhanced sentences or additional criminal charges if the fentanyl they distributed causes someone’s death from an overdose. Defendants may also face sentencing enhancements if they possess or use firearms in connection with their trafficking activities or if they have prior criminal convictions for drug offenses. Contact a Criminal Defense Attorney Today If you’ve been arrested and charged with fentanyl trafficking, you may face significant consequences if convicted. You need experienced legal advice and advocacy from a drug charges defense lawyer to guide you through your case. Contact Cohen Law Offices today for a confidential consultation with Attorney Cohen and his team to discuss your options for pursuing a favorable resolution to your charges.

In Wisconsin, if you commit a crime at 17, the law automatically treats you as an adult. Unlike most states that process 17-year-olds in the juvenile justice system, Wisconsin places you in the adult court system immediately. This means you face the same charges, penalties, and legal process as someone 18 or older. As a result, the consequences of a criminal conviction at 17 are potentially severe in Wisconsin. The Difference Between Juvenile and Adult Justice Systems The juvenile and adult justice systems in Wisconsin have key differences that impact how the courts handle cases. In the juvenile system, the focus is on rehabilitation and helping minors avoid a criminal future. Juvenile courts often use diversion programs, counseling, and education to help young offenders get back on track. The goal is to correct behavior rather than punish it harshly. In contrast, the adult justice system prioritizes punishment and public safety. Adults face stricter penalties, including longer sentences and more severe consequences. The adult system also places less emphasis on rehabilitation and more on deterrence. For minors, being tried in the adult system means facing a legal process that is much less forgiving, with outcomes that can permanently affect their lives. Potential Consequences of Adult Charges for Minors When a minor is charged as an adult in Wisconsin, they face the same penalties as an adult, including lengthy prison sentences, hefty fines, and a permanent criminal record. Unlike in the juvenile system, where records can often be sealed or expunged, an adult conviction remains on your record for life. This can make it difficult to find employment, housing, or educational opportunities in the future. The lifelong impact of an adult conviction can hinder a young person’s ability to move forward, as they carry the burden of their criminal record into adulthood. Additionally, minors tried in the adult system are more likely to be rearrested for both violent and non-violent crimes compared to those who stay in the juvenile system. The adult prison environment also poses significant risks for young people, who are more vulnerable to sexual and physical abuse . Juveniles in adult facilities are also at a much higher risk of suicide , up to 36 times greater than adults. These tragic outcomes highlight the dangers of treating minors as adults in the criminal justice system. How a Wisconsin Defense Lawyer Can Help If You Face Criminal Charges at 17 If you face criminal charges at 17 in Wisconsin, a defense lawyer can make a big difference in your case. Even though the law requires that you be tried as an adult, an experienced attorney can still work to reduce or dismiss the charges against you or negotiate for a lighter sentence. They will protect your rights and guide you through the adult court system. While the law doesn’t allow for your case to move to juvenile court, a defense lawyer will fight for the most favorable outcome possible under the circumstances. Contact an Eau Claire Defense Attorney Today If you or your child has been charged as an adult at 17 in Wisconsin, don’t wait to get legal help. Call Cohen Law Offices today at (715) 514-5051 for an initial consultation. We will explain your options and fight for the best possible outcome for you. Contact us now to discuss your case and take the first step toward protecting your future.

A driver may face prosecution for OWI/DUI in Wisconsin after driving or operating a motor vehicle while under the influence of an intoxicant or controlled substance that renders them incapable of driving safely. Police-obtained breathalyzer or blood test results are compelling evidence that can be hard to refute, which is why it’s so important to get help from a seasoned criminal defense attorney. Some benefits of hiring legal counsel for a DUI case include the lawyer's knowledge and experience, their ability to create a defense strategy, their negotiation skills, and their ability to argue persuasively in court. Legal Experience A criminal defense attorney will thoroughly understand Wisconsin's DUI laws and know how to review evidence in a DUI case, such as police reports, arrest records, and chemical test results. The attorney's legal knowledge and experience with DUI cases can allow them to identify potential defense strategies based on the facts of a defendant's case. Crafting a Compelling Defense Strategy Although the prosecution may seem like it has an airtight case, a criminal defense attorney can identify potential defense strategies that may help a defendant avoid a conviction or minimize the harshness of a sentence after a conviction. Common defenses a DUI attorney might pursue include: Challenging field sobriety or chemical test results by highlighting the officers' failure to follow testing protocols or using uncalibrated or contaminated testing equipment Challenging the legality of the traffic stop by showing the arresting officer lacked reasonable suspicion of DUI or another traffic offense Presenting evidence of the defendant's medical conditions or medications that may have affected their behavior or test results Negotiating for Reduced Charges or Sentencing A skilled defense attorney may vigorously advocate on your behalf to obtain lesser penalties when the prosecution has a solid case to obtain your conviction. For example, an attorney may convince prosecutors to agree to a plea deal involving a charge of reckless driving instead of OWI/DUI. An attorney can also help first-time DUI defendants obtain admission to the Treatment Alternatives and Diversion Program. Finally, a persuasive legal advocate can argue on your behalf to convince the court to impose less than the maximum possible penalty for a DUI conviction. Representation in Court A defense attorney can appear on your behalf during all court proceedings to advocate for your rights and interests and prepare you for what to expect at each court appearance. An attorney can also file pre-trial motions to challenge the admissibility of the prosecution's case or the sufficiency of evidence to bring you to trial. Suppose you choose to fight a DUI charge. In that case, an attorney can present a compelling defense case at trial to highlight deficiencies in the prosecution's evidence and argue how the state's case fails to prove guilt beyond a reasonable doubt. Contact a Criminal Defense Lawyer If you’ve been arrested for DUI, get the legal help you need to pursue a favorable resolution to your charges. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to discuss your legal options for fighting OWI/DUI Charges in Wisconsin.

Wisconsin residents who partake in hunting or sport shooting should familiarize themselves with the state’s firearm laws and hunting regulations to ensure they do not inadvertently violate the law. Violations may result in consequences such as loss of hunting licenses, fines, or, in some cases, criminal charges. Firearm Licenses and Permits In Wisconsin , an individual 18 or older may lawfully own or possess a firearm. A person does require a license or permit to purchase a firearm for hunting or sport shooting. However, a person purchasing a firearm from a federally licensed firearms dealer must submit to a background check. Furthermore, a person must obtain a license to carry a concealed weapon in Wisconsin. Firearms Allowed for Hunting Under Wisconsin law , a person may not hunt with weapons other than a rifle, shotgun, handgun, bow and arrow, or crossbow. However, hunters may not use a machine gun or a fully automatic weapon. Hunters may not use or possess a shotgun larger than 10 gauge when hunting game birds. Furthermore, deer hunters may not hunt with any gun other than a muzzle-loading firearm during a muzzleloader-only hunt. Finally, hunters may not hunt migratory birds with a shotgun that can hold more than three shells unless they have modified the shotgun with a plug unremovable without disassembling the weapon to prevent the shotgun from accepting more than three shells in the magazine and chamber combined. Open Carry vs. Concealed for Hunters Hunters who wish to concealed carry their firearms must possess a concealed carry license. Wisconsin only issues concealed carry licenses to people 21 and older and not otherwise prohibited from possessing firearms. Furthermore, only people 18 and older may lawfully open carry firearms in Wisconsin. Hunting Season Restrictions Wisconsin sets specific date ranges for when hunters may hunt specific types of game and the specific weapons they may use. Hunting a specific type of game or using a weapon outside the prescribed hunting season may lead to penalties for hunters. The state also sets aside designated periods for hunters with disabilities to hunt, as they may use accommodations not permitted for other hunters. Hunting on Private vs. Public Lands Wisconsin allows hunting on many state-owned lands . Public lands either have signage permitting hunting, or hunters can contact the Wisconsin Department of Natural Resources. Furthermore, some private landowners have opened their property to the public for recreation, including hunting. The state operates the Voluntary Public Access and Turkey Hunter Access programs to create a directory of private lands where the public may hunt without specific permission from the property owner. Otherwise, hunters wishing to hunt on other private lands must obtain permission from the property owner. Contact a Criminal Defense Attorney Today If you are arrested and charged with a weapons crime while hunting or sport shooting, you need experienced legal guidance from Attorney Cohen and his team to defend your rights, reputation, and future. Contact Cohen Law Offices by calling us today at (715) 514-5051 for a confidential consultation with a weapons defense lawyer to discuss your options for resolving your charges.

A person facing prosecution for homicide in Wisconsin may pursue various defense strategies to undermine the strength of the prosecution’s case and seek a dismissal, acquittal, or a jury verdict on a lesser included offense. Let’s explore some of the most common defenses raised in Wisconsin homicide cases. Self-Defense In Wisconsin , a person may claim self-defense. Wisconsin's self-defense laws allow individuals to use force against another person to prevent or terminate what they reasonably perceive as unlawful interference with their person by the other individual. In other words, people may use force to protect themselves from injury caused by another individual's aggression or violent behavior if they reasonably believe the other individual's actions threatened their life or safety. However, a valid exercise of self-defense requires a person to use a level of force proportional to the force used upon them and necessary to protect themselves from injury. In a homicide case, a person must prove that they faced a threat of severe or fatal injury to justify the use of deadly force in self-defense. Defense of Others Self-defense laws also entitle people to use force to protect others from the violent behavior of third parties. For example, a person may intervene in a violent altercation to protect the victim from further harm. However, the same limits on the degree of force in a self-defense claim apply to a defense of others. Lack of Intent A defendant may avoid conviction or reduce the grading of their charge by claiming they lacked the state of mind required by the charged homicide offense. For example, first-degree intentional homicide requires the prosecution to prove the defendant intended and premeditated the murder. However, a defendant might argue that the victim's death resulted from a tragic accident or that the victim's conduct provoked a "passion" in the defendant that prevented them from forming the necessary intent for first-degree intentional homicide. Mental Illness Defendants might pursue an "insanity" defense to obtain a verdict of not guilty by reason of mental disease or defect. A successful insanity defense may allow a defendant to avoid incarceration. However, the court may order the defendant committed to a psychiatric hospital or facility for treatment of the defendant's mental illness. An insanity defense requires a defendant to prove that they had a mental illness that prevented them from understanding the difference between right and wrong or appreciating the nature and consequences of their conduct. Alibi/Mistaken Identity Defendants may challenge the prosecution's evidence identifying them as the perpetrator of a homicide, such as DNA or forensic evidence, video footage, or eyewitness testimony. Alternatively, a defendant may present alibi evidence to show that they were elsewhere when the homicide occurred, and thus, they could not have committed the crime. Contact a Homicide Defense Lawyer Today If you’re facing homicide in Wisconsin, get the experienced legal advocacy you need to vigorously defend your rights and interests. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with a criminal defense attorney to discuss your options for fighting homicide charges.

Sexual assault and sexual harassment are similar-sounding terms with distinct meanings. Sexual harassment remains a civil matter, while sexual assault crosses the line into criminal behavior. Targets of sexual harassment or assault can seek relief and justice in court, whether by filing a harassment or personal injury lawsuit or a criminal complaint after suffering sexual assault. The Definition of Sexual Harassment Wisconsin statutes define sexual harassment to include unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, or unwelcome physical or verbal conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature can involve deliberate, repeated unsolicited gestures or comments of a sexual nature or the repeated display of sexually graphic materials. A person’s behavior may qualify as sexual harassment, whether it’s against another person of the same or opposite gender and regardless of each person’s sexual orientation. Understanding Sexual Assault Under Wisconsin criminal law , a person commits sexual assault when they have sexual contact or intercourse with another person without that person's consent. The law defines sexual contact as: Intentional touching for sexually degrading or humiliating a victim or sexually gratifying or arousing the perpetrator Intentional touching of a victim's intimate parts Forcing a victim to touch a perpetrator's intimate parts Sexual intercourse includes vaginal and anal intercourse, oral sex, and the insertion of any object into another person's genital or anal opening. A person who engages in sexual assault may be criminally prosecuted and face imprisonment and other penalties upon a conviction. Key Differences Between Sexual Assault and Harassment Although sexual harassment can eventually lead to sexual assault, the two concepts have several critical differences, including: Nature of the behavior: Harassment frequently involves verbal and non-physical conduct, although it can sometimes escalate to unwanted physical touching, such as non-consensual hugs, rubbing, or kisses. Conversely, sexual assault always involves non-consensual physical touching, such as sexual intercourse or touching of intimate parts. Intent and effects: Sexual assault involves violating a person’s bodily autonomy by forcing them to engage in sexual activity. Conversely, sexual harassment may arise from unrequited sexual interest in another person. Sexual harassment can also create a hostile environment in a workplace, school, or another place of public accommodation. Legal consequences: Sexual harassment typically leads to a civil lawsuit, including claims under Title VII or Title IX of the Civil Rights Act, claims under other employment statutes, or restraining order proceedings. Conversely, a person who commits sexual assault may face criminal prosecution, which can result in a sentence that includes incarceration, fines, restitution obligations to the victim, and the requirement to register as a sex offender. Contact a Criminal Defense Lawyer Today If you’ve been accused of sexual assault or harassment in Wisconsin, you need experienced legal counsel to defend your rights, reputation, and freedom. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to learn how our firm will fight for a favorable resolution to your charges.

The Constitution guarantees all criminal defendants the right to legal counsel, but not all lawyers are created equal. Without assistance from a skilled attorney, you could go to jail without the chance to fully defend yourself in court, which should not happen to anyone. A recent case in Wisconsin illustrates the potential dangers of hiring a subpar defense attorney. Here’s what you should know—and how you can avoid finding yourself in similar circumstances. State v. Molde: A Case Study in Ineffective Legal Counsel In the case of State v. Molde , a jury found Jobert Molde guilty of first-degree sexual assault of a child in Wisconsin after his young daughter alleged he had raped her. Molde later appealed, arguing his trial attorney provided ineffective legal counsel. Specifically, Molde argued that his attorney failed to object to damaging testimony from an expert witness who stated that only 1 percent of child sexual abuse reports are false. This statistic was highly prejudicial because it implied that the victim’s testimony was almost certainly truthful, potentially swaying the jury. After a circuit court dismissed his initial appeal, Molde filed another appeal. This time, the Wisconsin Court of Appeals agreed with Molde’s argument , ruling that the defense attorney’s failure to challenge this testimony constituted ineffective legal counsel. The court emphasized that it is not the role of expert witnesses to provide statistical data that could unduly influence the jury’s assessment of a victim’s credibility. By allowing the expert’s statement to go unchallenged, Molde’s attorney undermined the fairness of the trial. The appellate court found that this error by Molde’s defense lawyer likely impacted the case’s outcome. As a result, the court granted Molde a new trial. Warning Signs of Ineffective Legal Counsel The appeals court’s decision in the Molde case serves as a reminder that having a skilled attorney—or not having one, as the case may be—can significantly affect a trial’s outcome. But how do you know when your defense attorney isn’t doing their job effectively if you’re not a lawyer? Here are some things to watch out for: Poor Communication: Lawyers who rarely respond to calls or emails, or fail to keep you informed about case developments, may not be giving your case proper attention. Missed Deadlines: Failing to file important documents on time or missing court dates can seriously harm your case and indicate negligence. Pressuring You to Plead Guilty: A lawyer who pushes you to take a plea deal without considering other options might not be fighting hard enough for you. Lack of Thorough Investigation: An effective lawyer should conduct a thorough investigation of your case, including gathering evidence and interviewing potential witnesses. Failure to do so could indicate negligence. Unfamiliar with Your Case Details: If your attorney doesn’t know the facts of your case, it’s a red flag that they’re not fully engaged. Lack of Attention to Detail: Frequent errors in documents, misunderstanding of facts, or overlooking important details can indicate carelessness. No Clear Strategy: If your lawyer can’t explain their defense strategy or keeps changing their approach, they may be unprepared. Ethical Concerns: Any behavior that seems unethical, such as suggesting you lie or withhold information, is a major red flag. Trust Cohen Law Offices to Vigorously Defend Your Rights and Interests Since 1991, the Eau Claire criminal defense attorneys at Cohen Law Offices have consistently shown that we are capable and aggressive advocates for defendants like you. No matter what charges you face or how dour your situation seems, our attorneys can provide the comprehensive legal support you need. Call (715) 814-8058 today or complete our contact form for confidential consultation.

Under Wisconsin law , people can use deadly force in self-defense if they reasonably believe it’s necessary to prevent imminent death or great bodily harm. The force used in self-defense must be proportional to the threat they face. Defendants have a limited right to claim self-defense, or they can lose this right entirely, if they provoke an attack. If someone provokes an attack through unlawful actions, they generally cannot claim self-defense unless the situation escalates to the point where they reasonably believe they’re in danger of death or great harm. In that case, they can act in self-defense, but only after exhausting all other reasonable means of escape. Finally, if someone intentionally provokes an attack as an excuse to inflict harm, they cannot claim self-defense. Wisconsin’s Self-Defense Laws in Action One noteworthy recent example of the nuances of Wisconsin’s self-defense laws is the case of Nathan Monkelien . Monkelien faces first-degree intentional homicide charges related to the deaths of Manuel and Luis Garcia Salas after shooting both men outside a bar in Ashland. Monkelien and his legal team argue he killed the men in self-defense. His defense attorneys recently submitted video evidence that they say shows Manuel Salas advancing toward Monkelien with what looks like a utility knife. The video reportedly shows Monkelien retreating while Manuel swung and twirled the object. Monkelien then fired multiple shots at close range, killing both men. As part of their self-defense argument, Monkelien’s defense team has emphasized that the victims had high levels of alcohol and methamphetamines in their systems, which may have contributed to their aggressive behavior. They argue that Monkelien acted out of a reasonable fear for his life, making the use of deadly force justified under Wisconsin’s self-defense laws. However, the fact that Monkelien fled the scene after the shooting, resisted arrest, and allegedly had amphetamines in his system at the time of his arrest could undercut his defense. Monkelien’s attorneys claim that he fled out of panic, not guilt, and attributed the presence of amphetamines in his system to prescription medication. Details Matter When Claiming Self-Defense The Monkelien case demonstrates how self-defense claims hinge on the specific details of an altercation and the accused’s behavior. While Monkelien’s defense team argues their video evidence shows he had a reasonable fear of severe injury or death, a jury might not see it that way, particularly since Monkelien may have had a mind-altering substance in his system when he shot the two men. If you want to claim self-defense in a Wisconsin criminal case, it’s vital to work with an experienced attorney. A Wisconsin criminal defense lawyer can gather evidence to help demonstrate why you had a reasonable fear of severe injury or death and that you had no other option than to use force to defend yourself. A knowledgeable attorney can also help you present the evidence in a clear and compelling way to show why you had to use force when defending yourself. Don’t risk your freedom and future by not hiring a dedicated attorney to support your self-defense claim. Call Cohen Law Offices today at (715)-814-8058 for a confidential consultation, or you can contact us online .