Wisconsin Resisting Arrest Criminal Defense Attorney in Milwaukee
Resisting arrest and obstructing offenses in Wisconsin are serious crimes that subject you to significant consequences. For example, you have the right to remain silent, but the charge of obstructing an officer may result if you lie to a police officer. Similarly, in Wisconsin, if you struggle or fight with police when the police arrest you, you may face a charge for resisting a police officer. If the State charges you in Milwaukee, or elsewhere in Wisconsin for resisting or obstructing an officer, you need robust representation. Our lawyers are ready to help. We have a criminal defense attorney in Milwaukee, Wisconsin at Gamino Law Offices, LLC experienced defending obstructing offenses, including resisting an officer.
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Wisconsin Obstructing an Officer & Resisting Charges
Wisconsin law defines resisting or obstructing an officer as follows:
Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority.
Wisconsin Statute § 946.41
The jury instructions provide that in Wisconsin, a person charged with Resisting or Obstructing an Officer may be convicted if:
The defendant resisted or obstructed an officer; and
Wisconsin JI-Criminal 1765 & 1766
The officer was doing an act in an official capacity; and
The officer was acting with lawful authority; and
The defendant knew that the officer was acting in an official capacity and with lawful authority and knew that his or her conduct would resist or obstruct the officer
- Note, resist an officer means to oppose the officer by force or threat of force. The resistance must be directed to the officer personally.
- Also, obstruct an officer means to prevent or make more difficult the performance of the officer’s duties.
- Similarly, obstructs includes knowingly giving false information or knowingly placing physical evidence with intent to mislead the officer.
- Additionally, officer means a peace officer or other public officer or public employee having the authority by virtue of the officer’s or employee’s office or employment to take another into custody.
- Likewise, official capacity means duties that a person is employed to perform. Wis JI-Criminal 915.
What are the penalties for resisting or obstructing an officer in Milwaukee, or Wisconsin?
If convicted of obstructing or resisting an officer in Wisconsin, that is generally a Class A Misdemeanor. However, it is a Class H Felony if the resisting or obstructing offense causes substantial bodily harm or a soft tissue injury to an officer. It is a Class G Felony if the resisting or obstructing causes great bodily harm to an officer.
Additionally, it is a Class H Felony if the following occurs as in an obstructing offense:
- The violator gives false information or places physical evidence with intent to mislead an officer.
- At a criminal trial, the trier of fact considers the false information or physical evidence.
- The trial results in the conviction of an innocent person.
Why hire our Milwaukee criminal defense lawyer to represent you?
We’re on a mission. We want our attorneys to be the best Wisconsin criminal defense lawyer in Milwaukee, and all Wisconsin. Specifically, we guard you, your rights, your reputation, your job, your future, and your freedom! Hence, if police arrest you for resisting or obstructing an officer in Milwaukee, or anywhere in Wisconsin, call us right away. Also, if you face investigation or charges in Wisconsin for any criminal offense, including obstructing or resisting or an officer, tell the police you want an attorney. Demand to see your lawyer before you talk with the police. In summary, early intervention by an experienced criminal defense lawyer in Milwaukee makes all the difference in the outcome of a criminal case in Wisconsin.
Importantly, not all criminal lawyers in Wisconsin have great trial skills. Similarly, not every Wisconsin criminal attorney will present a compelling case in court. Moreover, lawyers have differing abilities to negotiate a favorable plea agreement. However, our team of accomplished criminal trial and appellate attorneys demonstrate an impressive record of winning litigation skills. Simply put, we achieve results for our clients. We excel in criminal litigation – from pretrial motions to court or jury trials, and appeals. In conclusion, with decades of combined experience, we have the knowledge and aggressive ability to get the results you need.
Finally, for more information about finding a criminal defense attorney in Milwaukee, Wisconsin or about any of our other legal services available at our Milwaukee law office, please contact us today! Click here for links to courts, jail inmate locators, and other Wisconsin criminal law resources.