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Carrying a concealed weapon in Brookfield, Wisconsin, is a Class A misdemeanor with a penalty of up to 9 months in prison and up to $10,000 in fines, according to Wis. Stat. 941.23.
Carrying a concealed weapon in Waukesha is a class A misdemeanor. It carries a maximum possible penalty of up to nine months in jail, a $10,000 fine, or both. You could also face forfeiture of the weapon alleged to have been in your possession at the time of the offence.
In order to be convicted of a carrying a concealed weapon charge, the State must prove that a person went armed with a weapon, and that the weapon was concealed. There are many different ways that an item can be concealed, some that will likely surprise you.
A weapon is concealed if it is hidden from view to others. Some obvious examples of a concealed weapon include a weapon that is underneath a blanket, or in a backpack or a purse, or in the glove compartment or center console of a vehicle. However, a weapon that is on the passenger seat of your car but uncovered may also be concealed. If a person sitting in the car next to you is not able to see the weapon sitting on the passenger seat from their vantage point, below the window level, your weapon could be considered concealed.
You may also be charged with carrying a concealed weapon if you carry your weapon in the waistband of your pants or in a holster, and a portion of your shirt falls and covers the weapon. You could face carrying a concealed weapon charges because it is not entirely visible.
How long is a carrying a concealed weapon charge on my record?
A conviction for carrying a concealed weapon will remain on your record for the rest of your life. It can cause you difficulty in obtaining future employment among many other issues. In some circumstances, a carrying a concealed weapon conviction could be eligible for expunction. However, an expunged offense is not removed from your record. Rather, it is simply made more difficult to view by the public. It is still an offense on your record. You should not rely on the availability of expunction to keep your record free of carrying a concealed weapon charge.
How do I beat a carrying a concealed weapon charge?
There are several possible defenses to a carrying a concealed weapon charge. Depending on the circumstances of how the police had contact with you, it might be possible to challenge whatever search led to the finding of your weapon in the first place. If the police did not legally conduct the search, then any evidence they found pursuant to that illegal search can be ruled inadmissible and would not be able to be used against you. Additionally, there can be questions about whether the weapon was actually concealed.
Contact our Waukesha attorneys to discuss your carrying a concealed weapon charge and learn about any possible defenses you may have today. The Wisconsin firearm lawyers at Grieve Law use years of experience and legal knowledge to protect your firearm rights. Tom Grieve is the same criminal defense attorney Wisconsin residents trust to handle their first offense DUI charges, drug possession charges, and other serious cases jeopardizing their rights and futures.
