Tedia Gamino, Author at Gamino Law Offices, LLC

Is Resisting Arrest a Felony or a Misdemeanor in Wisconsin?

Resisting arrest generally refers to the act of actively resisting, obstructing, or opposing a law enforcement officer’s efforts to make a lawful arrest. This offense may involve physical resistance, attempting to flee, or interfering with the arrest process. The specific elements of resisting arrest can vary by the specific facts and charge issued, but the underlying principle is impeding a law enforcement officer in the performance of their duties.

The consequences of resisting arrest in Wisconsin can depend on the circumstances of the offense and whether any injuries result from the resistance.

The penalties for resisting arrest in Wisconsin can include:

1. Resisting an Officer – Misdemeanor:

If the act of resistance does not cause bodily harm or the threat of bodily harm to the officer, it is typically charged as a misdemeanor. Misdemeanor penalties can include fines and potential imprisonment for up to 9 months.

2. Resisting an Officer – Felony:

If the resistance involves causing substantial bodily harm to the officer or the threat of such harm, it may be charged as a felony. Felony penalties can include more significant fines and longer periods of imprisonment, including potentailly being sentenced to prison.

It’s important to note that the consequences may be more severe if there are aggravating factors, such as the use of a weapon during the resistance.

Do You Need to Speak to an Attorney about Resisting Arrest?

If you have questions about resisting arrest, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T07:50:12-06:00February 8th, 2024|Criminal Law|Comments Off

Will I Go to Jail for Retail Theft in Wisconsin?

Retail theft, commonly known as shoplifting, refers to the act of taking merchandise from a retail establishment without paying for it or without the intent to pay for it. Retail theft can take various forms, including concealing items, altering price tags, or switching packaging. The specific elements of the offense and the penalties imposed for retail theft can vary by the form and jurisdiction.

Felony or Misdemeanor Retail Theft?

In Wisconsin, the offense is categorized into different levels based on the value of the merchandise stolen and whether the offender has previous convictions for retail theft. The different classifications include:

1. Retail Theft – Misdemeanor: This applies when the value of the merchandise stolen is less than $500.

2. Retail Theft – Felony: This applies when the value of the merchandise stolen is $500 or more, or if the offender has prior retail theft convictions.

The consequences of retail theft in Wisconsin can include criminal penalties, fines, and potential civil liability. The penalties increase with the severity of the offense:

– For a first-time misdemeanor retail theft offense (value less than $500), the penalty may include fines and potential imprisonment for up to 9 months.

– For a felony retail theft offense (value $500 or more), the penalties can range from fines to imprisonment for a longer period, depending on the specific circumstances and value of the stolen goods.

Additionally, retailers may pursue civil remedies, such as seeking restitution or damages from the offender. It’s important to note that retailers may also seek civil penalties.

Do You Need to Speak to an Attorney about Retail Theft?

If you have questions about retail theft, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T07:37:10-06:00February 6th, 2024|Criminal Law, Theft Crimes|Comments Off

What will happen if I am charged with Arson in Wisconsin?

Arson is a criminal offense that involves intentionally and maliciously setting fire to a building, structure, or property. The severity of the charges and potential penalties can vary based on factors such as the degree of harm caused, the presence of people in the building, and the intent behind the act. Arson is taken very seriously by the legal system due to the potential for significant property damage, injury, or loss of life.

In Wisconsin, the specific charges and penalties can depend on the circumstances of the offense.

Here are the key arson-related offenses in Wisconsin:

1. Arson: This offense involves intentionally damaging property by means of fire or explosives. The severity of the charge can vary based on the extent of the damage, the value of the property, and whether the act endangers human life.

2. Arson of Property Other Than a Building: This charge applies when a person intentionally damages property other than a building by means of fire or explosives.

3. Negligent Handling of Burning Materials: This offense involves negligent handling burning materials or setting a fire that endangers property or safety.

The consequences of facing an arson offense in Wisconsin can be severe and may include imprisonment, fines, restitution to victims, and other penalties. The specific penalties will depend on the degree of the offense and other factors.

Do You Need to Speak to an Attorney about an Arson Offense?

If you have questions about an arson offense, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-02T07:27:33-06:00February 2nd, 2024|Criminal Law, Property Crimes|Comments Off

How is Bail Jumping defined in Wisconsin?

Bail jumping, also known as jumping bail or skipping bail, occurs when a defendant who has been released on bail fails to appear in court as required. When a person is arrested, they may be granted bail, which is a set amount of money that they must pay to the court in order to be released from custody until their trial. In return for being released on bail, the defendant agrees to appear in court for all scheduled hearings and proceedings.

If a defendant fails to appear in court as required, they are considered to have jumped bail. Bail jumping is a criminal offense, and the consequences can vary depending on the jurisdiction and the circumstances of the case.

In Wisconsin, the severity of the offense depends on the underlying charges for which the person was originally arrested. Wisconsin classifies bail jumping into two categories:

1. Bail Jumping – Misdemeanor: This charge applies when a person fails to appear in court for a misdemeanor charge or violates the term of the release on a misdemeanor..

2. Bail Jumping – Felony: This charge applies when a person fails to appear in court for a felony charge or violates the term of the release on a felony..

The penalties for bail jumping in Wisconsin can include fines, imprisonment, or both. The severity of the penalties increases with the severity of the underlying charges for which the person was initially arrested. This is the most commonly charged offense in Wisconsin, currently. It’s important to note that Wisconsin takes bail jumping seriously, and individuals accused of this offense may face additional legal consequences on top of the consequences for the original charges.

Do You Need to Speak to an Attorney about Bail Jumping?

If you have questions about bail jumping, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2024-02-01T16:37:08-06:00February 1st, 2024|Uncategorized|Comments Off

What Makes White Collar Crime Considered a White Collar Crime?

White-collar crime refers to non-violent, financially motivated crimes typically committed by individuals, businesses, or government professionals in positions of trust and authority. These crimes are characterized by deceit, concealment, or violation of trust and are usually committed for the purpose of financial gain.

The severity of White collar crimes can vary widely depending on factors such as the nature and scale of the offense, the amount of financial loss involved, and whether it resulted in harm to individuals or entities. While white-collar crimes do not involve physical violence, they can have serious consequences for individuals, businesses, and the economy as a whole. Factors that are used to determine severity of white collar crime shown below.

1. Financial Impact: White-collar crimes often involve substantial financial losses to victims, whether they are individuals, businesses, or the government. The larger the financial impact, the more severe the consequences may be.

2. Intent and Knowledge: The severity of the crime can be influenced by the perpetrator’s intent and knowledge. Crimes committed with intent, knowledge, and a high degree of premeditation may be treated more severely. Examples can be seen here at, Fraud and Forgery Crimes

3. Number of Victims: The more individuals or entities affected by the crime, the more severe the consequences may be. Crimes that have a widespread impact on the public or the economy can result in harsher penalties.

4. Reputation and Public Trust: Crimes committed by individuals or organizations in positions of trust can have a significant impact on public trust. The violation of trust can lead to more severe consequences, as it undermines confidence in institutions and the overall economy.

5. Regulatory Violations: White-collar crimes often involve violations of specific regulations governing financial markets, corporate conduct, or other industries. Violating these regulations can result in both criminal and civil penalties.

Penalties for white-collar crimes can include fines, restitution, forfeiture of assets, and imprisonment. Individuals convicted of white-collar crimes may also face civil lawsuits seeking damages from victims. Regulatory bodies, such as the Securities and Exchange Commission (SEC) or the Department of Justice (DOJ), may pursue both criminal and civil actions against individuals or entities involved in white-collar offenses.

Do You Need to Speak to an Attorney White Collar Crime?

If you have questions about white collar crime, call our office at 414-383-6700 to schedule a free consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-12-05T12:15:16-06:00January 15th, 2024|Criminal Law, Fraud Crimes, Theft Crimes|Comments Off

Will I Face Jail Time for Child Pornography?

Child pornography is a serious criminal offense, and the penalties can vary depending on the jurisdiction and the specific details of the case. In Wisconsin, as in many other places, child pornography offenses are treated with severity due to the harm it inflicts on minors. Realistically, if you are convicted of a child pornography offense, you are probably facing some significant prison time.

1. Possession of Child Pornography:

The possession of child pornography is a criminal offense in Wisconsin.
Penalties for possession can include imprisonment, fines, and other consequences.

2. Distribution or Production of Child Pornography:

If you are involved in the distribution, production, or creation of child pornography, the penalties are typically more severe.
Felony charges are common for these offenses and can result in longer prison sentences and higher fines.

3. Sex Offender Registration:

Convictions related to child pornography often require registration as a sex offender.
Sex offender registration comes with significant consequences, including community notification, restrictions on where you can live, and ongoing reporting requirements.

4. Federal Consequences:

Child pornography offenses can also be prosecuted at the federal level, leading to federal charges and potentially harsher penalties.

It’s essential to emphasize that child pornography offenses are taken very seriously by law enforcement and the legal system.

Do You Need to Speak to an Attorney About the repercussions of Child Pornography?

If you want to know what could happen if you are charged with possession of child pornography, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-12-05T12:05:18-06:00January 11th, 2024|Criminal Law, Sex Crimes|Comments Off

What is Classified as Sexual Assault in Wisconsin?

Sexual assault encompasses various offenses, and the specific charge can depend on the nature of the conduct and the relationship between the parties involved. Some key points related to sexual assault in Wisconsin include:

1. Types of Sexual Assault:

– Wisconsin recognizes different degrees and types of sexual assault, including first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, and fourth-degree sexual assault. The severity of the charge is often based on factors such as the use of force, the age of the victim, and the presence of aggravating circumstances.

2. Consent:

– Consent is a crucial factor in sexual assault cases. If an individual engages in sexual activity without the voluntary and informed consent of the other party, it may be considered sexual assault.

3. Penalties:

– The penalties for sexual assault convictions can be severe and may include imprisonment, fines, and other consequences. The severity of the penalties depends on the degree of the offense, with first-degree sexual assault carrying more significant penalties than lower degrees.

4. Sex Offender Registration:

– Individuals convicted of certain sexual assault offenses in Wisconsin may be required to register as sex offenders. The duration and specific requirements of registration can vary based on the offense and other factors.

5. Restraining Orders:

– In cases involving domestic violence or harassment, a court may issue restraining orders to protect the victim.

6. Lifetime Supervision:

– In some cases, individuals convicted of certain sexual assault offenses may face a period of lifetime supervision after serving their prison sentence.

7. Impact on Personal and Professional Life:

– A sexual assault conviction can have significant consequences beyond the legal penalties, impacting an individual’s personal relationships, employment opportunities, and community standing.

Do You Need to Speak to an Attorney About Charges of Sexual Assault?

If you’ve been charged with sexual assault in Wisconsin, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-12-05T11:47:33-06:00January 9th, 2024|Criminal Law|Comments Off

What are the Consequences of a Hit and Run in Wisconsin?

In Wisconsin, a hit and run is a serious offense that typically involves leaving the scene of an accident without stopping to provide necessary information or assistance. Consequences for a hit and run in Wisconsin can include criminal charges, civil liability, and administrative penalties. More information can be found here: Hit and Run

1. Criminal Charges: Depending on the circumstances, a hit and run in Wisconsin can result in criminal charges. The severity of the charges may vary based on factors such as the extent of property damage or injuries, why the person left the scene, and whether the responsible party was under the influence of drugs or alcohol.

2. Penalties: If convicted, penalties may include fines, probation, community service, restitution to the victim, and even imprisonment, especially if the hit and run resulted in serious injuries or death.

3. Driver’s License Consequences: A hit and run conviction may lead to the suspension or revocation of the driver’s license. The length of the suspension or revocation can vary based on the severity of the offense.

4. Civil Liability: In addition to criminal consequences, the responsible party may face civil liability for the damages or injuries caused in the accident.

5. Insurance Consequences: A hit and run can have significant impacts on auto insurance coverage.

It’s important to note that the consequences can vary depending on the specific details of the incident, and legal advice from a qualified professional is crucial if you or someone you know is facing charges related to a hit and run in Wisconsin.

Do You Need to Speak to an Attorney about a Hit and Run?

If you have questions about becoming a hit and run offense, call our office at 414-383-6700 to schedule a free initial consultation with one of our attorneys who can provide you with the guidance you need.

By Tedia Gamino|2023-12-05T12:19:37-06:00January 4th, 2024|Criminal Law, Traffic Offenses|Comments Off

Is it a Crime or a Prank – What is Criminal Damage to Property?

Did you ever prank someone by TPing their house, or egging it? Would that be a crime? Well, it depends on the damage. Criminal damage to property can be a serious offense.

Criminal damage to property, also known as vandalism or malicious mischief, generally refers to the intentional and malicious destruction of another person’s property. This can include actions such as graffiti, breaking windows, keying cars, or any other intentional act that causes damage to someone else’s property.

In Wisconsin, the laws regarding criminal damage to property are outlined in the Wisconsin Statutes, specifically under section 943.01. The severity of the offense and the potential criminal penalties depend on the value of the property damaged and other factors. Here’s a general overview:

1. Criminal Damage to Property (Less than $2,500): This is a misdemeanor. If the damage is less than $2,500, the offender could face penalties such as fines, restitution, probation, and potentially up to nine months in jail.

2. Criminal Damage to Property (Over $2,500 or Habitual Offender): If the damage exceeds $2,500, or if the offender is considered a habitual criminal, the offense becomes a felony. Felony charges can lead to more severe penalties, including higher fines and longer imprisonment.

3. Enhanced Penalties: Wisconsin law provides for enhanced penalties if the damage is done to certain types of property, such as religious property, agricultural equipment, public utility property, or domestic abuse shelters.

It’s important to note that specific details of the case, the presence of any aggravating factors, and the discretion of the court can all influence the outcome and the severity of the penalties.

Do You Need to Speak to an Attorney about Potential Criminal Damage to Property?

If you want to know what could happen if you are charged with criminal damage to property, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-12-05T12:11:17-06:00January 2nd, 2024|Criminal Law, Property Crimes|Comments Off

Will I Face Jail Time for Reckless Driving?

Reckless Driving in Wisconsin, as in many jurisdictions, refers to the operation of a vehicle with a willful and wanton disregard for the safety of persons or property. It involves more than mere negligence and implies a conscious and intentional disregard for the potential consequences of one’s actions while driving. Reckless driving is considered a serious traffic offense and is addressed under Wisconsin Statutes Section 346.62.

The penalties for reckless driving in Wisconsin can vary based on factors such as the specific circumstances of the offense, any resulting harm or injury, and whether there are prior convictions. Here are some key points:

1. Penalties for Reckless Driving:

– Reckless driving is typically a misdemeanor offense in Wisconsin.

– Penalties can include fines, license suspension, and potential imprisonment.

2. Jail Time:

– While fines and license consequences are common, jail time is also a possibility for reckless driving convictions.

– The duration of imprisonment will depend on factors such as the severity of the reckless driving behavior and whether it caused harm or injury.

3. License Consequences:

– A reckless driving conviction can result in the suspension or revocation of your driver’s license.

4. Insurance Consequences:

– Convictions for reckless driving can lead to increased insurance premiums or difficulties in obtaining insurance coverage.

5. Criminal Record:

– A reckless driving conviction will become part of your criminal record, which may have implications for future employment and other opportunities.

It’s important to note that the specific penalties can vary based on the details of each case, and legal outcomes are subject to the discretion of the court.

Do You Need to Speak to an Attorney about a Reckless Driving Charge?

If you have questions about a reckless driving charge, call our office at 414-383-6700 to schedule a consultation with one of our attorneys who can provide the guidance you need.

By Tedia Gamino|2023-12-05T11:39:28-06:00December 30th, 2023|Criminal Law, Traffic Offenses|Comments Off

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