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Road Rage With Gun Amended From Criminal Charge

The Dane County District Attorney's Office charged our client with criminal disorderly conduct while armed after he was alleged to have pointed a firearm at another driver during a road rage incident. Upon meeting with the prosecutor, Attorney Verhoff noted a recent change in the law that provides the equivalent of an affirmative defense to displaying a firearm, provided there is no malicious intent. According to the reporting party in this case, our client displayed a firearm during the incident, but he also let the clip drop from the magazine while brandishing the firearm. Attorney Verhoff argued to the prosecutor that this reflected an act that was more akin to self-defense and by dropping the clip the client was showing a lack of malicious intent. The prosecutor, who was not aware of the change in the law, decided to amend the charge to a non-criminal citation that is the legal equivalent to a parking ticket.