Froelich Law Offices
Call for a consultation 920-430-0365

Ruling may reduce applicability of the Armed Career Criminal Act

When a person is charged with a crime or crimes and they are sure they did not commit them in the way the prosecution argues, it may be tempting to represent one's own interests in court. But one of the best reasons to be sure an attorney is part of your criminal defense is an awareness of the legal landscape and how precedents can change the effects of laws.

  • How do legal precedents work in criminal courts?

When the law is unclear the particulars of a case, such as the way a suspect is supposed to have entered a premises illegally or how law enforcement officers gathered evidence, lawyers may argue the merits of a precedent to a judge. This provides context for how similar courts have dealt with similar problems.

  • What is an example of an important precedent?

A recent ruling by the Wisconsin Supreme Court holds that the definition of burglary must be limited in the case of applying crimes to the Armed Career Criminal Act (ACCA). The ruling suggests that the illegal invasion of specific spaces within a property, such as rooms or garages, cannot be counted as separate acts of burglary to enhance penalties under the ACCA.

  • What is the probable effect of this ruling?

The precedent set by this ruling may change how prosecutors seek higher sentences or other penalties based on this law. It may also provide material for defense attorneys and their clients to fight additional charges as part of crimes. Lawyers often negotiate with prosecutors to drop enhanced penalties after precedents like this one.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Contact Our Firm Today

Need legal help? Do not wait to get clarity on your next best steps. To schedule your appointment at our Green Bay office, call 920-430-0365 today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Choose A Lawyer Who Is Ready To Go To Court For you. Call 920-430-0365.

Froelich Law Offices

125 South Quincy Street
Green Bay, WI 54301

Phone: 920-430-0365
Fax: 920-430-7422
Green Bay Law Office Map