Craig Kuhary Criminal Defense
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Posts tagged "Criminal Defense"

Is the crime of battery a misdemeanor or felony?

Most people think of assault and battery as the same crime, but the two ideas are different. Assault is a threat which creates apprehension of harm, while battery is the actual physical act that does harm someone. Under Wisconsin law, battery is an intentional act of causing injury to another person. Whether battery is considered a felony or misdemeanor act depends on the severity of the act.

Domestic violence reports have serious consequences

Laws passed in 2014 have changed the consequences for domestic violence, even when no arrest is made. "Domestic violence is defined as intentional infliction of physical pain, injury or illness or an act that may cause another person to fear imminent danger of those things." Under the Wisconsin statute 968.075, a law enforcement officer shall arrest and take a person into custody if: "The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely."

When can a Miranda rights waiver be found unconstitutional?

When the police investigate crimes, they often depend on information provided by suspects and witnesses to begin to form their conclusions about how the crime progressed and exactly who was involved when. This process has its flaws, though, and one of them is that during the early investigative stages, it is easy for witnesses to find themselves under intense scrutiny as police begin searching for a suspect. Even worse, it is not uncommon for such witnesses to find themselves under suspicion because of small inconsistencies that result from being asked the same or very similar questions repetitively.

4 factors that may influence eyewitness testimony

Police, prosecutors and juries often rely on eyewitness testimony to determine what really happened at the scene of a crime. While this may seem like a concrete way to get a conviction, eyewitness testimony isn't rock solid and can be affected by several factors. When you are the accused in a court case, it's vital that the eyewitness testimony given is accurate and true. If you are facing a long sentence or conviction of a serious crime, the eyewitnesses should be as competent as possible.

Wisconsin one of 12 states that criminalizes revenge porn

It is fairly common in the United States for couples to share intimate secrets, photographs and videos with one another during a relationship. However, when and if the relationship should come to an emotional end, those pictures and videos may become publicized on the internet. It is called revenge porn and it is illegal in Wisconsin and several other states. People who release intimate pictures over the internet as a way to gain revenge over another person after a breakup may find themselves facing charges of nonconsensual posting of pornography.

False rape accusations can wreak havoc on people's lives

Although there are two sides to every story, when someone claims to have been raped or sexually assaulted, it may be difficult to disprove those allegations. There have multiple legal cases throughout the years involving Wisconsin men and women who have falsely accused another person of a sex crime, simply to seek revenge or inflict punishment on someone. Not only do these accusations hurt the life and reputation of the innocent person who is accused of a crime, but it can create disbelief in subsequent outcries of rape in the future.

18-year-old Mukwonago linebacker faces prison time for rape

The definition of a relationship can be interpreted differently from person to person. While some relationships are based on an emotional connection, others can be identified as purely sexual in nature. Regardless of a past connection, mixed signals and miscommunication can lead to disastrous events.

Exonerated sex offenders struggle to find financial compensation

New DNA technology used in Wisconsin police departments and law enforcement agencies nationwide has led to the exoneration of many innocent people who were previously charged and convicted of a sex crime. While Americans put their trust in the judicial system to keep the streets clear of dangerous criminals, innocent people are sometimes wrongfully convicted of crimes that they didn’t commit. Once they are finally freed, many are left to fend for themselves, without a proper support system.

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