It is Only a Misdemeanor!

Misdemeanor convictions can have serious, life-long consequences!

Wisconsin has three classifications for law violations.

• The most serious of these is the Felony, which carries with it the possibility of incarceration in state prison. A conviction for a felony carries with it a loss of certain civil rights including the right to possess a firearm and the right to vote.
• The least serious is the civil violation. The typical speeding ticket is a civil violation. An OWI - 1st offense ticket is normally a civil violation, although it stays on your record for life. Civil violations usually carry monetary penalties called forfeitures (not fines).
• The middle level is Misdemeanor. This means a crime for which there is a potential jail penalty or a fine. Misdemeanor convictions, though, often carry what are called "collateral consequences." Such collateral consequences are penalties that the state legislature does not attach to the crime but that someone else (often the Federal Government) imposes.

"Collateral Consequences"

Drug Offenses

1. Any conviction for a drug offense can double the penalty for a subsequent (later) conviction. For instance, a conviction for possession of paraphernalia can convert a subsequent charge for simple possession of marijuana into a Felony!
2. Many convictions for possession of drugs will exclude a person from student financial aid for a period of time.

Domestic Abuse

For a crime to be considered one of "domestic abuse" in Wisconsin:

1. No one has to be injured
2. The people involved may be adult siblings
3. The people involved may be adult child and parent
4. The crime must involve at least two people
5. Those two people must have lived in the same household, or
6. Those two people must have had a dating relationship, or
7. Those two people must have a child together

This interacts with various other laws such that the misdemeanor conviction can:

1. Lead to deportation and/or exclusion from admission to the country for non-citizens whether or not legally in the country.
2. Lead to a lifetime ban on firearms possession. See Misdemeanor Crimes of Domestic Violence and Wisconsin's Domestic Abuse Enhancer - Gun Rights

Employment

Most people know that a felony conviction can legally keep people from holding many jobs or obtaining many occupational licenses.

Various employment opportunities may be denied, legally, or illegally, by employers who check CCAP in screening, or simply as a result of an answer to the question on an employment application "Have you ever been convicted of a crime?"

Realistically, many employers, whether it is legal for them to do so or not, do not call people in for an interview if the person has a criminal conviction.

Housing

Realistically, many landlords, whether it is legal for them to do so or not, do not call people in for an interview if the person has a criminal conviction.

Education

I mentioned earlier that a drug possession conviction may keep a person from obtaining financial aid. Other convictions, though, may keep a person from being accepted to certain schools and programs, especially in the medical field.

Sex Offender Registry

Wisconsin has a few misdemeanor sex offenses including fourth-degree sexual assault, prostitution, and lewd and lascivious behavior. None of those currently require sex offender registration, in Wisconsin. However, a conviction for them may require such registration in other states. In addition, there is pressure on the legislature to add some of these to the crimes requiring registration. If the law is later changed, the change is likely to apply retroactively to earlier convictions.

Conclusion

Although compared to a Felony conviction, a misdemeanor conviction is "minor," in the life of a person, especially one without a prior criminal conviction, a conviction for a misdemeanor can be devastating. Anyone facing such a charge needs competent, experienced representation.

Charles Kyle Kenyon - When Experience Matters Zoom Court Appearance Information Attorney at Law 5555 Odana Road, Suite 211 Madison, WI  53719-1280 Telephone (608) 308-9645 Since 1979 Former (Elected) District Attorney Former Assistant State Public Defender Extensive jury trial experience in cases ranging from traffic to sexual assault / homicide Thousands of criminal 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 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 Founding Director - Children's Law Section - State Bar of Wisconsin Past-President: Marinette County Bar Association, Door-Kewaunee Bar Association Life Member: National Association of Criminal Defense Lawyers (NACDL) Member: Wisconsin Association of Criminal Defense Lawyers (WACDL) Member: National College for DUI Defense Member: State Bar of Wisconsin, Dane County Bar Association Admitted to practice: State of Wisconsin, Federal - Eastern District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of Appeals Certified to administer roadside Field Sobriety Tests in Wisconsin On FaceBook - Drunk Driving Lawyer    Financing Available

• 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

   

   

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