Wisconsin Criminal Defense
Madison Criminal Defense Attorney
Avena Law Office, LLC defends people accused of crimes in Madison and across South-Central Wisconsin — felonies, misdemeanors, OWI, drug charges, domestic allegations, and everything the Dane County Courthouse hears.
Charged With a Crime in Madison?
What a Criminal Defense Attorney Actually Does for You
A criminal charge in Madison starts moving before you do: bond conditions are set, a court date is printed, and everything you say is already evidence. A criminal defense attorney steps between you and that machinery — reviewing the police reports, testing the stop and the search, holding the state to its burden of proof, and negotiating from knowledge of how Dane County prosecutors and judges actually handle each charge.
Attorney Glenn E. Avena defends criminal cases from one Madison office, in English and Spanish. Read about what clients deserve from a defense lawyer, or bring your paperwork to a free consultation and get a straight answer about where the case stands.
Licensed to practice law in Wisconsin Since July 1, 2015
Madison-Based Defense
Ten Minutes From the Dane County Courthouse
Felony or misdemeanor, OWI or drug charge, the case lands in a courtroom Glenn knows. The office at 1402 Greenway Cross serves Madison, Fitchburg, Middleton, Sun Prairie, Verona, and every community in the fourteen counties the firm covers.
Charges We Defend
Criminal Defense for Every Charge Madison Courts Hear
OWI / DUI
Drunk driving, refusal hearings, BAC testing, occupational licenses, and every offense number from first to felony.
Madison OWI defenseFelony Charges
Serious accusations demand immediate investigation, evidence review, and protection of constitutional rights.
Felony defenseMisdemeanors
Charges that look small on paper still create records, probation exposure, and background-check consequences.
Misdemeanor defenseDrug Possession
THC, controlled substances, paraphernalia, and the search-and-seizure questions that often decide these cases.
Drug charge defenseDomestic Violence
Domestic allegations, no-contact orders, bond conditions, and the firearm consequences that follow them.
Domestic allegation defenseBattery & Assault
From misdemeanor battery to substantial and aggravated battery, charged fights and injury allegations.
Battery defenseDisorderly Conduct
Wisconsin’s broadest and most commonly charged misdemeanor, and one of its most overcharged.
Disorderly conduct defenseTheft & Larceny
Retail theft, employee allegations, and property crimes where the dollar amount decides the charge level.
Theft defenseCriminal Damage
Property damage allegations, restitution questions, and the line between misdemeanor and felony damage.
Criminal damage defenseFleeing & Eluding
A felony in Wisconsin even with no injury and no accident — and a charge with real defenses.
Fleeing defenseSexual Assault
The most serious accusations Wisconsin law carries, defended with discretion and early strategy.
Sexual assault defenseExpungement
Wisconsin’s narrow, sentencing-day expungement law — and why it has to be raised early.
Expungement helpThe Wisconsin Charge System
How Wisconsin Classifies Criminal Charges
Every Wisconsin criminal charge carries a letter, and the letter sets the ceiling: the maximum fine, the maximum time, and whether that time is county jail or state prison. Knowing the vocabulary lets you read your own criminal complaint.
- Misdemeanor
- A crime punishable by fine or county jail, not state prison. Wisconsin has three classes: Class A carries up to 9 months and a $10,000 fine, Class B up to 90 days and $1,000, and Class C up to 30 days and $500. Wisconsin also has unclassified misdemeanors, with wide-ranging penalties. A misdemeanor is still a crime and still a permanent record. Wis. Stat. § 939.51
- Felony
- A crime punishable by imprisonment in state prison. Wisconsin grades felonies from Class A (life) down to Class I (up to 3 years and 6 months and a $10,000 fine). Common charged levels include Class G (10 years, $25,000) and Class H (6 years, $10,000). Any felony conviction also ends firearm rights under both state and federal law. Wis. Stat. § 939.50
- Bifurcated Sentence
- How Wisconsin prison sentences are actually structured: a term of initial confinement followed by a term of extended supervision in the community. The “maximum” on a felony class is the total of both parts, which is why two sentences with the same total can feel very different. Wis. Stat. § 973.01
- Initial Appearance
- The first court date printed on your paperwork. Bond and conditions of release are set or reviewed here, and in misdemeanor cases a plea is entered. It is not the trial, but what happens here — especially the conditions — shapes the whole case. Wis. Stat. § 970.01
- Preliminary Hearing
- A felony-only checkpoint where a judge decides whether probable cause supports a felony at all. It is one of the defense’s first chances to test the state’s evidence under oath, and it can end a felony case early. Wis. Stat. § 970.03
- Expungement
- Wisconsin’s narrow record-sealing law. It is available only if the offense carries 6 years or less, the person was under 25 when it happened, and — critically — the judge orders it at sentencing. It cannot be requested afterward, which is why it must be part of defense strategy from day one. Wis. Stat. § 973.015
Early Defense Matters
The First Days of a Criminal Case Decide More Than the Last
Evidence gets preserved or lost early: squad and body-camera video is overwritten, witnesses scatter, and charging decisions harden. A criminal defense lawyer who is in the case before the first court date can influence the charge itself — not just the outcome of it.
Clear Defense Process
4 Steps After a Madison Criminal Charge
Tell the firm what happened, what paperwork you received, and what court date is listed. Bring every document.
Glenn reviews the reports, the stop, the search, the statements, and the bond conditions for every weakness.
A strategy built on the actual evidence — suppression issues, negotiation leverage, and record protection.
Dismissal, reduction, diversion, a negotiated resolution, or trial — whichever the facts support best.
Courts We Appear In
One Madison Office, Fourteen County Courthouses
Common Questions
Questions People Ask a Madison Criminal Defense Attorney
Do I need a criminal defense attorney for a misdemeanor?
Yes. A Wisconsin misdemeanor is a crime that creates a permanent, publicly searchable record and can carry jail, probation, and fines. Employers, landlords, and licensing boards see misdemeanor convictions on background checks, and Wisconsin’s expungement window closes at sentencing — so the time to protect the record is before conviction, not after.
Is a criminal lawyer the same thing as a criminal defense attorney?
Yes. Lawyer and attorney are used interchangeably in Wisconsin; both mean a person licensed by the State Bar of Wisconsin to practice law. A criminal defense attorney is simply a lawyer whose practice is defending people accused of crimes, as opposed to prosecuting them for the state.
How much does a criminal defense attorney cost in Madison?
It depends on the charge, the court, and how far the case has to go. Avena Law Office explains its fee structure openly on its fees page and quotes the fee at the free consultation, before you commit to anything, so there are no surprises later.
When do I qualify for a public defender instead?
The Wisconsin State Public Defender represents people who fall under its financial eligibility limits, which are strict. Many working people earn too much to qualify but still cannot risk a conviction. The free consultation is a way to learn what private defense would involve before deciding.
Can criminal charges be dismissed before trial?
Sometimes. Charges can be dismissed or amended when the evidence does not hold up — a stop without reasonable suspicion, a search without a warrant or valid exception, unreliable witnesses, or proof that does not meet an element of the crime. Diversion and deferred-prosecution agreements can also resolve a case without a conviction. No lawyer can promise a dismissal; the facts decide.
Does Avena Law Office handle cases outside Madison?
Yes. The firm defends cases in Dane County and thirteen surrounding counties: Columbia, Rock, Jefferson, Dodge, Sauk, Green, Iowa, Grant, Lafayette, Richland, Marquette, Green Lake, and Fond du Lac. Each county has its own resource page on this site.
Does the firm speak Spanish?
Yes. Avena Law Office serves Spanish-speaking clients and families, and this entire website is published in Spanish at avenalaw.com/es/.
Local Defense, Local Courts
Your case is heard here, by people who work here
Avena Law Office, LLC runs a Madison criminal defense practice from one office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.
Free Consultation
Talk to a Madison Criminal Defense Attorney Today
Tell the firm what happened. You will get a straight answer about where the case stands and what can be done next, at no cost and in confidence.
Request a Free Consultation
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Madison Criminal Defense Starts Now
Act early. Protect the record, the license, the job, and the future at stake.
This website is attorney advertising. Past results do not guarantee future outcomes. Contacting the firm does not create an attorney-client relationship. Statutory maximums above are general public information and do not account for enhancers, surcharges, or the facts of an individual case.
Related pages: Madison OWI Lawyer • Dane County Criminal Defense • Abogado de Defensa Criminal en Madison