Misdemeanor Defense Lawyer Waukesha, WI

Have you been charged with a misdemeanor in Waukesha or surrounding areas? While misdemeanors might seem less serious than felonies, a conviction can still dramatically affect your life, career, and reputation. A skilled criminal defense lawyer can explain what is at stake and protect your rights.

Attorney John Paul Marchan at Waukesha Criminal Defense has nearly two decades of criminal defense experience helping Wisconsinites fight these charges and protect their futures. Contact us today for a free consultation to learn how we can help you.

What Constitutes a Misdemeanor in Wisconsin?

In Wisconsin, a misdemeanor is any criminal offense not punishable by incarceration in a state prison. Instead, these offenses typically result in less than one year of county or local jail time, monetary fines, and potentially other penalties depending on the specific charge.

Unlike many felony convictions, most misdemeanor convictions allow you to retain certain civil rights, such as voting and serving on a jury. However, depending on the specific charge, there might still be other significant consequences, including:

Loss of firearm rights: Even misdemeanor convictions can affect your Second Amendment rights and eligibility to apply or obtain a concealed carry license.
Employment difficulties: Many employers conduct background checks and may hesitate to hire someone with a criminal record.
Housing obstacles: Landlords often screen potential tenants, and a misdemeanor conviction may limit your housing options.
Professional licensing issues: Certain misdemeanors can affect your ability to obtain or maintain your professional licenses.
Immigration consequences: For non-citizens, even minor misdemeanors can sometimes increase the likelihood of deportation proceedings.

Wisconsin Misdemeanor Classifications and Penalties

Wisconsin classifies misdemeanors into several categories, and each level carries different maximum penalties:

Class A Misdemeanors: Up to 9 months in jail and/or fines of up to $10,000
Class B Misdemeanors: Up to 90 days in jail and/or fines of up to $1,000
Class C Misdemeanors: Up to 30 days in jail and/or fines of up to $500
Unclassified (Class U) Misdemeanors: These have penalties specified by individual statutes, but the maximum penalties are 30 days in jail and/or a $500 fine if not otherwise specified.

Common Misdemeanor Charges in Wisconsin

Misdemeanor charges can arise from numerous situations. Some of the most common misdemeanor offenses in Wisconsin include:

Theft under $2,500: Taking property valued at less than $2,500 without consent
Disorderly conduct: Engaging in violent, abusive, or unreasonably loud behavior that tends to provoke a disturbance
Operating While Intoxicated (OWI/DUI): Driving under the influence of alcohol or controlled substances
Battery: Causing bodily harm to another person intentionally
Resisting or obstructing an officer: Interfering with law enforcement during their official duties
Domestic violence: Various offenses committed against family members or intimate partners
Possession of controlled substances: Having illegal drugs or unauthorized prescription medications
Trespassing: Entering or remaining on property without permission

If you have been charged with one of the above offenses or with another misdemeanor, our team can work to help you avoid the harshest consequences that a conviction could carry.

The Misdemeanor Legal Process in Wisconsin

When facing a misdemeanor charge in Wisconsin, understanding the legal process can help you prepare for what lies ahead:

Initial appearance: This is your first court appearance, where you learn the formal charges against you and enter a plea. This is a critical hearing: Courts routinely order either a cash or signature bond as well as attach conditions that could affect whether you are allowed to return home or have contact with a partner at an initial appearance.
Pre-trial conference: Your attorney and the prosecutor will use this meeting to discuss potential resolutions.
Motion hearings: Your attorney may file motions to suppress evidence or dismiss charges.
Trial: If your case isn’t resolved earlier, you have the right to a trial where the prosecution must prove guilt beyond a reasonable doubt.
Sentencing: If convicted, the court determines the appropriate penalties based on the offense and other factors.

Why You Need Experienced Legal Representation

Even for misdemeanor charges, having skilled legal representation dramatically increases your chances of a favorable outcome. Attorney John Paul Marchan can bring the following strengths to your defense:

Deep knowledge of local courts: Born and raised in Waukesha, Attorney Marchan understands the local legal landscape and has established relationships with prosecutors and judges.
Proven trial success: With numerous “Not Guilty” verdicts in both Waukesha and Milwaukee counties, Attorney Marchan knows how to effectively present your case before a jury.
Personalized defense strategies: Every case receives individualized attention to help you address your specific circumstances and goals.
Thorough case analysis: Attorney Marchan meticulously examines all evidence for potential weaknesses in the prosecution’s case and viable defense strategies.
Strong negotiation skills: Attorney Marchan can negotiate with prosecutors for reduced charges, alternative sentencing, or even dismissal when appropriate.

Potential Defense Strategies for Misdemeanor Charges

Depending on your specific situation, we may employ various defense strategies, including:

Challenging evidence: We can question how evidence was obtained and whether law enforcement officers followed all proper procedures.
Constitutional violations: We can identify any violations of your rights that might lead to evidence suppression.
Witness credibility: We will find opportunities to highlight inconsistencies in witness testimonies.
Lack of intent: We can demonstrate that you didn’t have the required mental state for the alleged offense.
Self-defense: We can show that your actions were justified to protect yourself or others.
Mistaken identity: We can work to prove that you were not the person who committed the alleged offense.
Alternative resolutions: If appropriate, we can seek diversion programs, deferred prosecution, or other alternatives to traditional punishment.

Potential Consequences of Repeat Misdemeanor Offenses

While one misdemeanor conviction can cause unwanted disruptions in your life, subsequent convictions can be even more problematic. This is because Wisconsin’s habitual criminality statute can significantly increase penalties for those with prior convictions. If you have three misdemeanor convictions within five years before your current charge, penalties may increase by up to two years. This can potentially turn a misdemeanor into a prison sentence.

As a result, experienced legal representation is even more crucial for those with prior convictions on their record.

Expungement Possibilities for Wisconsin Misdemeanors

In limited circumstances, Wisconsin law allows for expungement of misdemeanor convictions from public records. To qualify, you generally must:

Have been under 25 years old when the offense occurred
Have completed your sentence, including probation
Have paid all fines and restitution
Have no subsequent criminal convictions

Expungement can help remove barriers to employment, housing, and education, giving you a fresh start. Attorney Marchan can evaluate your eligibility and guide you through this process if applicable.

Compassionate, Dedicated Representation from Attorney John Paul Marchan

As a lifelong Waukesha resident, John Paul Marchan views his legal practice as a way to give back to his community. He understands that facing criminal charges creates overwhelming stress and uncertainty for you and your family.

With nearly 20 years of experience in criminal defense, Attorney Marchan offers not only exceptional legal skills to your case, but also genuine compassion. He will walk alongside you through this challenging time, making sure you understand your options at every stage and fighting tirelessly to protect your rights and your future.

Contact Waukesha Criminal Defense for Help Fighting Misdemeanor Charges

The consequences of a conviction in Wisconsin can follow you for years, affecting everything from employment opportunities to housing options. Attorney John Paul Marchan provides the skilled, dedicated representation you need to pursue the best possible outcome for your case. Contact Waukesha Criminal Defense today for a free consultation and learn how Attorney Marchan can help with your misdemeanor defense.

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Located in Waukesha, Walden Neitzke & Taylor, S.C., serves clients throughout Wisconsin. Contact our law office today at 262-239-7631 or contact us online to schedule a free consultation with an experienced lawyer.

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