Charles Kyle Kenyon - When Experience Matters
- Experience in Juvenile Delinquency Defense!

Attorney at Law
5555 Odana Road, Suite 211
Madison, Wisconsin  53719-1280

Telephone (608) 276-9645

• Former (Elected) District Attorney

• Former Assistant State Public Defender

• Extensive trial experience in juvenile delinquency cases ranging from minor matters to sexual assault / homicide

• Thousands of criminal and juvenile cases since 1979

• Appeals in Wisconsin Court of Appeals and Supreme Court

• J.D. University of Wisconsin Law School 1978 - winner of Abe Sigman prize for contributions to the law school by a student

• B.A. University of Wisconsin - Madison - Psychology - 1975

• Trainer / presenter / panelist for American Bar Association, National College of District Attorneys, Wisconsin Department of Justice, Wisconsin Public Defender, Jaycees of Wisconsin

• Past-President, Marinette County Bar Association, Door-Kewaunee Bar Association, Member Dane County Bar Association

• Admitted to practice: State of Wisconsin, Federal - Eastern District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of Appeals

• Founding Director - Children's Law Section - State Bar of Wisconsin

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Juvenile? - Adult? - Child?

Distinctions that make a difference in Wisconsin law.

In Wisconsin, a person is legally adult for most purposes on that person's 18th birthday. This means that to enter into a contract or own real estate the person must be 18, earlier than that, they are considered not old enough for such responsibility. Similarly, for purposes of the criminal code, a crime victim less than 18 years of age is a child. That is, someone who needs special protection because of age. There are a number of statutes which make offenses crimes when committed against a child or which make behavior that would be a misdemeanor if committed against an adult, felonies when committed against a child.

• Sexual intercourse or contact with a willing partner is legal when the partner is an adult, criminal when the partner is a child
• Intentionally causing physical harm (including pain) to another without the consent of that other is a crime when committed against an adult
• Intentionally causing physical harm to a child is a felony (with or without consent)

For purposes of the criminal code, a person prosecuted for committing an offense under the age of 17 is considered to be a juvenile, and when prosecuted at age 17 or older, an adult (age 10 for some offenses). This can lead to bizarre results including:

• Two 17-year-olds who have sexual intercourse consensually can both be charged as adults with having sexual intercourse with a child.
• Two 17-year-olds who slap each other can both be charged as adults with felony child abuse.

In both cases, they are treated as adults for purposes of being considered criminals, and as children for purposes of being victims. In both cases, consent is not an issue.

It gets even more bizarre when you consider that it is not the date of the offense that determines whether or not someone is charged as an adult or a juvenile but rather the date of charging. (It is more complicated than this but this is the short version.) If two eleven-year-olds touch each other sexually and it isn't discovered by the authorities until they turn 17 (or 30), they both can be charged with felony child sexual assault, as adults.

If a ten-year-old is in a fight with an adult and kills that adult, it is possible for the ten-year-old to be charged as an adult with homicide without any waiver of juvenile court jurisdiction.

These anomalies would be relatively easy to fix in the statutes, but these laws have been in place - and people (including kids) have been prosecuted under them for a number of years.

 

 

Kinds of charges Kenyon has handled include:
Homicide First Degree Intentional Homicide (Murder) Reckless Homicide Homicide by Negligent Use of a Dangerous Weapon Homicide by Negligent Use of an Automobile Homicide by Drunk Driving Attempts Other injury to persons Aggravated Battery Substantial Battery Battery - Domestic Violence Armed Battery Battery to a Peace Officer Battery Felony Battery Reckless Endangerment Injury by drunk driving False Imprisonment Felony Child Abuse Theft and misappropriation Theft Forgery Embezzlement Retail Theft Shoplifting Auto Theft Theft of Firearm Theft by Contractor Theft by Fraud Theft of Cable Services Securities Fraud Extortion Peace and Order Disorderly Conduct Disorderly Conduct - Domestic Abuse Domestic Violence - Domestic Abuse Restraining Orders Strangulation or Suffocation Lewd and Lascivious Behavior Harassment Improperly Taking the King's Deer (Hunting out of season or shining) Other DNR Violations Carrying a Concealed Weapon Carrying a Weapon in a School Hit and Run Fleeing or Eluding an Officer Disarming a Peace Officer Resisting an Officer Obstructing an Officer Drunk Driving Reckless Driving Recklessly Endangering Safety Speeding Voter Fraud - Illegal Voting	Drunk Driving - OWI / DUI / DWI / BAC / PAC Injury by Drunk Driving Felony Drunk Driving Drunk Driving - OWI - DUI - BAC - PAC - DWI Driving with a Prohibited Alcohol Content (PAC / BAC) Driving Under the Influence of an Intoxicant (DUI) Driving under the Influence of a Controlled Substance (Drugged Driving) Driving with Prescription Medications in Wisconsin Operating Under the Influence - OWI Impaired Driving Absolute Sobriety CDL - Commercial Drivers License SEE TEN DAYS TO KEEP YOUR LICENSE! Sexual Assault First Degree Sexual Assault Second Degree Sexual Assault Third Degree Sexual Assault Fourth Degree Sexual Assault Sexual Assault to a Child Sexual Assault by a Child Incest Date Rape Sexual Predator (980) Commitments Child Pornography Continuing Sexual Assault of a Child Robbery Robbery Armed Robbery Car Jacking Burglary and Trespass Armed Burglary Burglary Trespass to a Dwelling Damage to Property Arson Criminal Damage to Property Drugs Manufacture of Controlled Substances Manufacture of Marijuana (THC) Delivery of Controlled Substances Delivery of Marijuana (THC) Possession with Intent to Deliver Controlled Substances Possession with Intent to Deliver Marijuana (THC) Possession of Controlled Substances Possession of Marijuana (THC) Felony Possession of Marijuana (THC) Unlawful Possession of Prescription Drugs Possession of Drug Paraphernalia Obtaining a Controlled Substance by Fraud Prescription Forgery Park and School Enhancers Informants and Undercover Officers
This list is not complete but is given to give the reader some idea of the scope of my criminal law experience. I have represented juveniles as well as adults on most of these charges. CKK

Brief articles - downloads

Miranda Rights - the other side - a card about your "rights"

Dressing for Court - A page of thoughts on how to dress for court.

 

 

Copyright ©1997-2006, 2010-21  Charles Kyle Kenyon, Madison, Wisconsin, all rights reserved.

 This is a living hypertext document. If you find any errors, of fact or in links, please contact me so that they may be corrected. Please also write to me for permission to copy.

You can reach me at Lawyer at Add Balance.