A gun charge can affect far more than the outcome of a criminal case. Depending on the allegation and the result, it may put your freedom, employment opportunities, firearm rights, and future at risk. If you are facing a gun or firearm charge in Milwaukee, the decisions you make early in the case can have lasting consequences.
At Schiro Criminal Defense, we understand what's actually at stake in a firearms case, and we're prepared to fight for you at every stage. Call (414) 277-9696 to discuss your case with our team.
Wisconsin Gun Laws
Wisconsin regulates firearm possession, carrying, and use through several key statutes:
- Wis. Stat. § 941.29: Restricts firearm possession by people who are prohibited from possessing firearms under Wisconsin law, including people with felony convictions and certain other disqualifying legal statuses.
- Wis. Stat. § 941.23: Generally prohibits carrying a concealed weapon without a valid license or another applicable legal exception. Wisconsin permits open carry in many situations, but restrictions may apply based on the location, the person’s legal status, and the circumstances.
- Wis. Stat. § 948.605: Restricts firearm possession on school grounds.
- Wis. Stat. § 941.237: Restricts possession of a firearm in certain premises where alcohol is sold or consumed, subject to statutory exceptions and circumstances.
These laws draw important distinctions based on factors including a person's criminal history, the location where a firearm was carried or used, and whether the firearm itself was legally possessed in the first place.
Gun and Firearm Charges We Defend in Milwaukee
Our firm defends clients facing a wide range of gun and firearm charges in Milwaukee, including:
- Alleged unlawful possession of a firearm
- Possession of a firearm by a prohibited person, including an alleged felon in possession offense
- Carrying a concealed weapon without a valid license or another applicable exception
- Possession of a firearm in a prohibited location
- Alleged unlawful firearm transfers or straw purchase-related offenses
- Firearm allegations connected to another criminal charge
Schiro Criminal Defense also represents clients facing firearm allegations connected to other criminal cases, including drug crimes, domestic violence, and homicide allegations.
What Are the Penalties for a Gun Charge in Wisconsin?
Penalties for a Wisconsin gun charge depend on the allegation, the person’s criminal history, whether the firearm was used or carried unlawfully, and whether another offense is involved. A conviction can result in fines, jail or prison time, probation, loss of firearm rights, and a permanent criminal record.
Some firearm offenses are charged as misdemeanors. Depending on the specific charge, potential consequences may include:
- Up to 9 months in jail and a fine of up to $10,000 for a Class A misdemeanor
- Up to 30 days in jail and a fine of up to $500 for a Class B misdemeanor
- Probation, community service, court ordered conditions, and potential restrictions on firearm possession
Examples may include certain violations involving the improper handling, transfer, or possession of a firearm.
More serious gun offenses can be charged as felonies and may carry years of imprisonment. A felony conviction can lead to long-term or permanent restrictions on firearm possession under Wisconsin and federal law, depending on the conviction and whether the person later becomes legally eligible for relief or restoration.
Potential penalties can include:
- Up to 3 years and 6 months in prison for a Class I felony
- Up to 6 years in prison for a Class H felony
- Up to 10 years in prison for a Class G felony
- Up to 12 years and 6 months in prison for a Class F felony
Are All Gun Offenses Treated the Same in Milwaukee?
No. Firearm cases in Milwaukee can involve very different allegations, and the potential charge depends on the person’s legal status, the type of weapon involved, where the firearm was possessed or carried, and whether prosecutors claim it was connected to another offense.
For example, an allegation of carrying a concealed weapon without a required license is different from an allegation that a person who is legally prohibited from possessing a firearm had one. Under Wisconsin law, a person may be prohibited from firearm possession because of a felony conviction, certain court orders, or another disqualifying legal status.
The potential charges and consequences may change when the allegations involve:
- Possession of a firearm by a prohibited person
- A firearm allegedly used, displayed, or carried during a drug, violent, or property offense
- Possession of a stolen firearm
- Allegations that a firearm was used to threaten, intimidate, or injure another person
- Possession of a firearm in a restricted location
- Possession of a prohibited or specially regulated weapon
A firearm-related allegation may also be charged alongside an alleged underlying offense. If there are separate convictions, the court may impose penalties for more than one offense, increasing the overall sentencing exposure. The lawfulness of the police stop, search, seizure, and evidence collection can also be important issues in the defense.
How a Milwaukee Firearms Defense Attorney Can Challenge Gun Charges
The available defense strategy depends on the facts of the case, the specific charge, and the evidence the prosecution intends to use. Potential issues may include:
- Whether law enforcement had a lawful basis to stop, search, or detain the person
- Whether the firearm was lawfully seized
- Whether the prosecution can prove actual or constructive possession
- Whether witnesses accurately identified the person or the firearm
- Whether police properly collected, preserved, and documented the evidence
- Whether the state can prove every required element of the alleged offense
Can a Lawyer Help You Get Your Gun Rights Back?
Potentially, yes, depending on the specific circumstances of your prior conviction and current legal situation. An attorney can review your case to determine whether you may be eligible for any available process to restore your firearm rights, though eligibility depends heavily on the specific facts of your situation and current Wisconsin law.
How a Milwaukee Gun Crime Lawyer Can Help You
A gun crime lawyer can help you in several important ways:
- Review the specific facts and evidence against you: A thorough review often reveals issues that aren't immediately obvious, particularly around how evidence was gathered.
- Identify possible weaknesses in the prosecution’s evidence: A careful early review may reveal legal, factual, or evidentiary issues that affect the defense strategy.
- Negotiate with prosecutors on your behalf: Skilled negotiation can sometimes lead to reduced charges or a more favorable resolution than the case would otherwise warrant.
- Represent you at every stage of the criminal process: From arraignment through trial if necessary, having consistent representation means nothing falls through the cracks.
Speaking with an experienced defense attorney as early as possible can help you understand the allegations, preserve important issues, and make informed decisions about your next steps.
Why Hire Schiro Criminal Defense As Your Milwaukee Gun Crime Defense Lawyers
At Schiro Criminal Defense, our Milwaukee criminal defense attorney, John Schiro, delivers serious defense for clients with serious cases. With over 40 years of legal experience, our firm has built a proven track record of success and strong relationships with local judges and prosecutors, relationships we use to our clients' advantage as we guide them through the judicial system. Attorney Schiro is compassionate and takes the time to listen to what you want, delivering a personalized defense solution based on your unique needs.
Our firm is available 24 hours a day, offers discounts for veterans, and is ready to fight for you at every stage of your case. Contact Schiro Criminal Defense at (414) 277-9696 today to discuss your case during a phone consultation.
