Van Wagner & Wood, Wisconsin Criminal Defense
Attorneys
Robbery is theft by the use of force.
By definition, the property's owner is either in physical possession of
the property or merely present during the robbery. However, the property
owner need not have lawful possession of the property. A theft
is the taking and carrying away of the property of another with the intent
to permanently deprive the rightful owner of that property. Force is any
action that either prevents the property owner or another person from
preventing the theft or threatens to cause such prevention. The type of
force used or threatened classifies the degree of the crime.
If a dangerous weapon was used in the commission of the
robbery, the robbery can be charged as a Class
C felony, otherwise it is a Class E felony.
A gun is a dangerous weapon, but so is any other article that can or is
reasonably perceived to be able to cause bodily injury or death.
A Class C felony includes
penalties of up to 40 years imprisonment, or $100,000 file, or both. If
a convicted defendant is classified as a repeat
offender, the court can order up to 2 additional years imprisonment
if the priors were misdemeanors and up to
six additional years imprisonment if the priors were felonies.
A Class E felony includes
penalties of up to 15 years imprisonment, or a $50,000 fine, or both.
Repeat offender classification increases
the imprisonment terms up to 2 years with prior misdemeanor
convictions and up to six years with prior felony
convictions.
Violence or the threat of violence distinguishes robbery
from theft. While a theft can occur during a situation
involving violence, a robbery is always a violent crime.
WI Statute 943.32 Robbery
The Wisconsin criminal code is enumerated in Wisconsin's
Statutes. Wisconsin Statute 943.32 (below) defines the elements of the
crime of robbery and provides the penalty classification (a felony). While
this is the formal definition of robbery, the actual application of the
law rests upon years of criminal trial
case history, precedence, prior interpretations, court rulings, administrative
hearings, and plea bargains. If you are
under investigation for robbery, if you have been arrested
for robbery, or if you have already been convicted
of robbery and want to appeal or challenge
the conviction or sentencing, please contact
the attorneys at Van Wagner & Wood for a brief professional
first-impression analysis of your case and a truly straightforward honest
opinion of how the law can affect you.
943.32 Robbery
943.32(1)
(1) Whoever, with intent to steal, takes property from the person or presence
of the owner by either of the following means is guilty of a Class
E felony:
943.32(1)(a)
(a) By using force against the person of the owner with intent thereby
to overcome his or her physical resistance or physical power of resistance
to the taking or carrying away of the property; or
943.32(1)(b)
(b) By threatening the imminent use of force against the person of the
owner or of another who is present with intent thereby to compel the owner
to acquiesce in the taking or carrying away of the property.
943.32(2)
(2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon,
a device or container described under s. 941.26 (4) (a) or any article
used or fashioned in a manner to lead the victim reasonably to believe
that it is a dangerous weapon or such a device or container is guilty
of a Class C felony.
943.32(3)
(3) In this section "owner" means a person in possession of
property whether the person's possession is lawful or unlawful.
Robbery Of A Financial Institution
A theft from an individual at a
financial institution is robbery if force or the threat of force is used
to take the property or money from the possession of or under the custody
or control of the financial institution. The individual need only perceive
that the force has been or will be used to take the property or money.
Robbery from a financial institution is a Class
C Felony.
Theft As A Lesser Crime To Robbery
Theft is a lesser included crime
to robbery. If a robbery has occurred, then by definition, a theft
has occurred.
Murder During Robbery
If a homicide occurs during a
robbery, then the homicide
may be charged as Felony Murder. Felony
murder is the commission of a homicide
during the commission of a felony. Robbery is
a felony. The commission of a felony
encompasses much more time and all of the actions taken during that time
than just the actual moment in which the crime is executed. For instance,
the time and acts leading up to the robbery and the time and acts fleeing
from the robbery can constitute a "commission of the crime"
and a homicide occurring during any of that
period of time is Felony Murder. As well, a murder
committed during the felony as the result of the actions or interference
of another person can also constitute felony murder,
whether the acts were intentional or accidental, and criminal liability
can be imposed upon all participants involved in the felony
including accomplices assisting before the commission of the crime and
after the commission of crime.
Contact Van Wagner & Wood
If you are under investigation for a crime or drunk driving offense,
if you have already been charged with a crime or drunk driving violation, or
if you have already been convicted but believe your conviction or your sentence
were wrong, call (608-284-1200 locally in Madison, Wisconsin, 1-866-262-4599
through Wisconsin) or e-mail () the attorneys at Van Wagner & Wood right away. They will give you a brief
but professional “first-impression” analysis of your case and your
situation, which will allow you to take an important first step in defending
the case against you. You can also submit information about a criminal
offense investigation or charge or a drunk
driving OWI investigation or charge for a free case review.
Appeals & Serious Crimes - Homicide - Murder - State -
Federal
Van Wagner & Wood's criminal defense attorneys represent
people in state criminal appeals cases throughout Wisconsin and federal crimial
appeals cases nationwide at both intermediary court (Court of Appeals or Appellate
Court) and the Supreme Court level. Van Wagner & Wood is one of few firms
in Wisconsin that can and will handle Federal appeals.
Van Wagner & Wood also represents people in post conviction
motions and post conviction relief remedies.
Drug Crimes
Van Wagner & Wood's criminal defense attorneys represent
people charged with drug related crimes, in both Federal and state cases. Those
attorneys most frequently represent people charged in the state of Wisconsin.
Federal Drug Charges: Van Wagner & Wood criminal defense
attornes routinely handle drug and other cases charged by a Federal agency.
State Drug Charges: Van Wagner & Wood's criminal defense
attorneys routinely handle drug related criminal cases for people residing in
Wisconsin, and most frequently residing in the following areas: Adams County,
WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI
(Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo
City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls),
Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells),
Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth,
Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield,
DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton,
Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie,
Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County,
WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore),
Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson
County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County,
WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon
County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand),
Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County,
WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland
Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI
(Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford),
Trempealeau County, WI (Whitehall), Washburn County, WI (Spooner), and Wood
County, WI (Wisconsin Dells).
Drunk Driving (OWI, DUI, DWI)
Wisconsin's foremost authority on drunk driving laws, Attorney
Tracey Wood, consults with lawyers and law firms throughout the United States
to help them build successful strategies for very complex cases. In Wisconsin,
Attorney Wood most frequently represents people charged in the following areas:
Madison (Dane County), Richland Center (Richland County), La Crosse (La Crosse
County), Jefferson (Jefferson County), Wisconsin Dells (Columbia County and
Sauk County), Stevens Point (Portage County), Dodgeville and Mineral Point (Iowa
County), Portage (Columbia County) and Montello (Marquette County).
Federal Crimes
Van Wagner & Wood's criminal defense attorneys handle Federal
cases throughout the state of Wisconsin and Federal appeals cases throughout
the nation. The attorneys at Van Wagner & Wood have handled Federal cases
for more than twenty years, cases and appeals ranging from Federal conspiracy,
drug charges of possession, intent to deliver, sell, distribute controlled substance,
securities fraud, mail fraud, wire fraud, domestic terrorism, Internet crimes
money laundering, to kidnapping.
The criminal defense attorneys at Van Wagner & Wood represent
people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide,
Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide,
and Second-degree Intentional Homicide. Those attorneys most frequently represent
people accused or charged in the state of Wisconsin. Often times, they are called
upon by a client residing outside of the state of Wisconsin, which they represent
in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood
have handled cases for clients in Kansas, Oklahoma, California, New Jersey,
Minnesota, and Illinois.
Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.
If your case is in another area of Wisconsin, please contact an attorney at Van Wagner & Wood to discuss it.
