Armed Robbery Charges Attorney Appleton office near city hall

Gun Modification Laws in Wisconsin

The Wisconsin Statue 941.26(2)(b) says a person is guilty of a Class F felony if caught with a modified weapon that fires bullets repeatedly (like an automatic machine gun).

Class F Felony Penalties:

• Prison time: up to 12 years
• $25,000 fine
• Forfeiture of gun rights

What if the gun was fake?

Even if the gun you possess is a toy, any fake weapons painted to look like real ones (guns, plastic bats, replica swords, or dummy bombs) are classified as deadly weapons. Even if the toy can’t seriously hurt someone, you could go to jail. Since weapons are used as an intimidation tactic during a robbery, if the victim believes the weapon is real, an armed robbery conviction will stand.

What is Armed Robbery?

According to Wisconsin law, robbery is defined as the intent to steal property from a person by:

1. Using force against a person to overcome his or her physical resistance to take property.
2. Threatening the use of force against a person to compel the owner to allow the taking of property.

Armed robbery is threatening force but with the use of a weapon to get the victim to give up property. The weapon doesn’t have to be seen by the victim, and if it’s a gun it doesn’t have to be loaded. If the victim feels threatened in any way and believes you have a weapon, you’ll be convicted of armed robbery.

Armed Robbery Laws

Robbery is classified as a Class E felony, while armed robbery is a violent crime classified as a Class C felony. Robbery alone can come with a 15-year prison sentence and/or a $50,000 fine, so armed robbery has more severe penalties.

Class C felony Penalties:

• Prison time: up to 40 years
• $100,00 fine
• Forfeiture of gun rights

Charges for Armed Robbery in Appleton

Possessing a Dangerous Weapon during a Robbery is a Class C Felony

If you stole property from someone by using force or threatening force, you are guilty of robbery. If you violated this law while using a deadly or dangerous weapon, it’s a Class C felony that results in fines and prison time.

Guns aren’t the only deadly weapon

A dangerous weapon is defined by Wisconsin Statues as any firearm, loaded or unloaded; any designed device capable of producing death or harm; any electric weapon defined in s.941.295 (4); or any other device used to produce death or harm.

Examples of dangerous weapons:

• Airsoft guns: BB, pellet, and paintball
• Explosive device: bombs, demolition devices, blasting caps
• Firearm or handgun: automatic, semi-automatic, loaded or unloaded
• Incendiary devices: firebombs, fire or ignition
• Knives, or other sharp objects
• Pepper spray
• Stung gun or TASER
• Zip-gun: starter pistol, not designed to be a gun but could be used as one

Objects used to cause physical harm or incite fear of harm are considered dangerous weapons. You can be charged with robbery even if you just have a baseball bat. If the weapon in your possession was modified, penalties may increase. Our criminal defense attorneys will consult with you on weapon laws in Wisconsin.

Examples of modified weapons:

• Adding a silencer
• Changing any firearm over .50 caliber to a fixed cartridge
• Pistol with added buttstock
• Rifles with barrels 16 inches or less
• Shotgun barrels 18 inches or less
• Shotguns or rifles short than 26 inches
• Turning a firearm into a machine gun
• Use of a bump stock

You are only guilty if you are convicted™

Our Appleton criminal defense attorneys at Grieve Law can assist you with the legal process surrounding armed robbery (including hearings, deferred prosecution agreements, etc.). We’ll put together a strong case to prevent a Wisconsin armed robbery sentence. Since 2013, attorneys at Grieve Law have been assisting clients in getting gun charges, drug charges and first offense drunk driving charges in Wisconsin dropped or reduced. 

Contact our Appleton gun lawyers for a free consultation on your armed robbery case.