Elements and Penalties of Certain Misdemeanor Crimes

Wisconsin

"Elements" means what the government would have to prove beyond a reasonable doubt for you to be convicted of the crime. This page is a summary of what is needed to prove some of the more commonly charged crimes in Wisconsin. It is not a substitute for legal advice. I check these elements and penalties anew each time I represent a person on one of these charges; they do change and I may not update this web page to reflect such changes. The citations of WI JI Cr. are to the pattern jury instructions. They do not specify all ways of proving a charge, nor do they specify all applicable defenses. -- Charles Kyle Kenyon, Attorney at Law, Madison, Wisconsin

This page last revised: 09 Feb 2017 17:21:37 -0600 .   Revision may just be as to format rather than content.

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Disorderly Conduct: Wis JI Cr.1900

Elements:   

  • First, that the defendant engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conducts

  • Second, that the conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.

Penalties:    (Class B Misdemeanor)

Battery: Wis JI Cr. 1220

Elements,

  • First, that the defendant caused bodily harm to the victim

  • Second, that the defendant intended to cause bodily harm to the victim

  • Third, that the victim did not consent to such bodily harm

  • Fourth, that the defendant knew that the victim did not consent.

Penalties:    (Class A misdemeanor)

 

Bailjumping: Wis JI Cr,1795

Elements:   

  • First, that the defendant was arrested for or charged with a misdemeanor.

  • Second, that the defendant was released from custody under conditions of bond.

  • Third, that the defendant intentionally failed to comply with the conditions of the bond.

Penalties:    (Class A misdemeanor)

 

 

Carrying A Concealed Weapon: Wis JI Cr.1335

Elements:   

  • First, that the defendant went armed with a dangerous weapon.

  • Second, that the defendant was aware of the presence of the weapon.

  • Third, that the weapon was concealed.

Note, not everything that can be used as a weapon is necessarily classified as a dangerous weapon. A piece of concrete, a box cutter, or a pocket knife can be used as weapons but they are not classified as weapons in all circumstances. (This does not mean that if your weapon is not concealed that it will not cause you problems.)

Penalties:    (Class A misdemeanor)

 

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Charles Kenyon

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Issuance of a Worthless Check: Wis JI Cr.1468

Elements:    First, that the defendant issued a check. Second, that at the time the check was issued, the defendant intended that it not be paid.

Penalties:    (Class A misdemeanor)

 

Theft: Wis JI Cr.1441

Elements:   

  • First, that the defendant intentionally took and carried away movable property of another.

  • Second, that the defendant took and carried away the property without the consent of the owner.

  • Third, that the defendant knew that taking and carrying away the property was without consent.

  • Fourth, that the defendant took and carried away the property with intent to deprive the owner permanently of its possession.

Penalties:    (Class A misdemeanor)

 

 

Retail Theft: Wis JI Cr.1498

Elements:   

  • First, that the defendant intentionally took and carried away property.

  • Second, that the property was merchandise held for resale by a merchant.

  • Third, that the defendant knew that the property was merchandise held for resale by a merchant.

  • Fourth, that the merchant did not consent to the taking and carrying away of the property.

  • Fifth, that the defendant knew that the merchant did not consent.

  • Sixth, that the defendant intended to deprive the merchant permanently of possession of the merchandise.

Penalties:    (Class A misdemeanor)

 

Criminal Damage to Property ($2,500 or less): Wis JI Cr,1400

Elements:   

  • First, that the defendant caused damage to physical property.

  • Second, that the defendant intended to cause such damage.

  • Third, that such property belonged to another.

  • Fourth, that the defendant did not have the consent of the other person to cause such damage.

  • Fifth, that the defendant knew the property belonged to another person and knew that the other person did not consent to the damage of the property.

Penalties:    (Class A misdemeanor)

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Obstructing An Officer: Wis JI Cr. 1766

Elements:   

  • First, that the defendant obstructed an officer.

  • Second, that the officer was doing an act in an official capacity.

  • Third, that the officer was doing an act with lawful authority.

  • Fourth, that the defendant knew that the officer was an officer acting in an official capacity and with lawful authority and that the defendant knew his conduct would obstruct the officer.

Penalties:    (Class A misdemeanor)

 

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Madison Wisconsin Criminal Defense Lawyer
Charles Kenyon

 

Possession of THC (Marijuana): Wis JI Cr.6030

Elements:   

  • First, that the defendant possessed a substance.

  • Second, that the substance was THC in the form of marijuana.

  • Third, that the defendant knew or believed that the substance was THC/marijuana.

Penalties:    (unclassified misdemeanor) fine of not more than $1,000 or imprisonment for not more than 6 months or both. In addition, pursuant to §96 1.50, suspension or revocation of operating privilege for not less than 6 months nor more than 5 years, consecutive to any other suspension or revocation.

 

Possession of Drug Paraphernalia: Wis JI Cr.6050

Elements:   

  • First, that the defendant possessed an object.

  • Second, that the object in question was drug paraphernalia.

  • Third, that the defendant possessed drug paraphernalia with the primary intent to use it to ingest, inhale, or otherwise introduce into the human body a controlled substance.

Penalties:    (unclassified misdemeanor) fine of not more than $500 or imprisonment not to exceed 30 days or both. In addition, pursuant to §961.50, suspension or revocation of operating privilege for not less than 6 months nor more than 5 years, consecutive to any other suspension or revocation.

 

Penalty Codes:

Class B Misdemeanor

fine not to exceed $1,000 or imprisonment not to exceed 90 days or both.

Class A Misdemeanor

fine not to exceed $10,000 or imprisonment not to exceed 9 months or both.

See also: Misdemeanor Court in Madison, Dane County, Wisconsin - procedure

 

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