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Not guilty! Attorney Christopher Van Wagner won an outright acquittal (not guilty verdict) for his client, Robert Meng, who had confessed to the murder. Not guilty! Attorney Tracey Wood won an outright acquittal for her client that had been accused of federal theft and conspiracy. |
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Federal Criminal Defense Lawyers Wisconsin Criminal Defense Lawyers BLOGS Recordings Audio - Audiovisual - Music Downloads Blood Alcohol Content - BAC pAC Felon in possession (of a firearm, Dangerous Weapon) Headlines - legal news Meng Confesses To Murder & Jury Acquits Wisconsin Court of Appeals Reverses Drunk Driving Sobriety Test Refusal Conviction |
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Felon In Possession
Felon in Possession Of A FirearmUnder Wisconsin law, it is a felony (Class G felony) for prohibited person to possess a firearm, or for another person to provide a firearm to a prohibited person. Definition Of A Firearm In WisconsinA firearm is any device that is capable of discharging a bullet. Under Wisconsin laws, firearms include a pellet gun or an air gun. Prohibited PersonA prohibited person is a person who is specifically prohibited from exercising his or her right to bear arms. Wisconsin statutes provide specific laws about who is prohibited from carrying a firearm. In general, prohibited persons include anyone who has been convicted of a felony, as well as anyone who was found not guilty or not criminally responsible by reason of insanity or mental disease, defect or illness, whether the determination was made in this or another state, unless a court ordered otherwise. Plea bargaining for a felony conviction is still a felony conviction. A person who was convicted of a crime in another state that was not a felony in that state may still be a prohibited person under Wisconsin law if that crime would have been a felony had it been committed in Wisconsin. A juvenile convicted of a crime that would have been a felony had the crime been committed by an adult may be prohibited from possession a firearm. Any person who has been ordered by a court not to possess a firearm is a prohibited person. A person who has not been convicted of a felony, but has been convicted of a crime that prohibits him or her from possessing a firearm, such as a domestic disorderly conduct offense or criminal harassment. As well, a judge can at his or her discretion include a provision in any injunction that prohibits a person from possessing a firearm if the evidence suggests that the person may cause harm to another person or property. Temporary restraining orders can (and usually do in domestic violence cases) include provisions prohibiting the restrained person from possessing a firearm. A person who was previously prohibited from possessing a firearm may subsequently possess a firearm if a court has given that person permission, even if the felony remains on that person's criminal record. Felony ConvictionA felony conviction includes crimes for which the punishment can be (and was) a felony, and the convicted defendant was charged with and sentenced for a felony crime. Federal law also prohibits legal possession of a firearm by a convicted felon. A firearm includes a gun, a pellet gun, whether loaded or unloaded, locked or unlocked [citation] , and whether or not the weapon is capable of firing. Spring guns - guns which are set-up in such a manner that a spring will activate the trigger upon some certain event (or none at all) such as a door opening - also fall under this law and are prohibited. Possession Of A FirearmA person is in possession of a firearm when he or she knowingly has control over a firearm, whether loaded or unloaded, whether locked or unlocked, and for any period of time regardless how minimal the time frame. That possession is illegal if the person is prohibited from the possession. Possession includes handling, unless the handling is privileged. [citation] Possession Qualifies As A Felony For Another FelonyIf the possession of a firearm is illegal, then any subsequent offense committed during possession is subject to the felony provisions of that crime. In other words, if a person is prohibited from possessing a firearm, and during possession commits another crime, then the crime committed while in possession is a crime committed during the commission of a felony. A felon who possesses a firearm and breaks into and enters a building could be charged with burglary in addition to a felony possession charge. Felon in possession of a firearm in a violation of Wisconsin Statute WI 941.29, and is a crime against persons or property that may be an underlying felony for a burglary charge. State v. Steele, 2001 WI App 34, 241 Wisconsin 2d 269, 625 N.W.2d 525, 00-0190 Experienced Criminal Defense LawyersAttorney Chris Van Wagner has handled hundreds of felony trials in his twenty-plus years as an attorney. His trial cases have ranged from low-level offenses to kidnapping, homicide and felon in possession. Chris has handled matters in rural and urban counties, not to mention the hardened criminal courtrooms of Chicago, Illinois and Trenton, New Jersey, winning cases he was expected to lose quickly. Attorney Tracey Wood has handled hundreds of felony trials and appeals ranging from drunk driving to felony vehicular homicide. She won an outright acquittal in a case that made the national headlines a few years ago, when her client was cleared of any wrongdoing in a wide-ranging and emboldened conspiracy scheme that actually stole missile launchers and military tanks from the Ft. McCoy military base in northern Wisconsin. All but one other defendant in that case went to federal prison for years for theft and conspiracy. In addition to this solid and successful trial history, Chris and Tracey have also argued and won appeals to the state and federal courts. Many criminal defense lawyers never experience the thrill of an outright acquittal in their career, and yet Van Wagner & Wood’s lawyers have won several for their clients. Their record clearly reflects their hard work, their intelligent and professional approach to their cases, and their skill in developing a strategy that fits an individual client’s case, while drawing upon their knowledge, experience and skill from past cases. Free Initial ConsultationIf 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, please call Attorney Chris Van Wagner or Attorney Tracey Wood at 608-284-1200 or 1-866-262-4599 nationally or e-mail ( ) for a free initial consultant with an experienced, aggressive lawyer who really can help you obtain the best outcome possible.
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