What Are the Penalties for a Road Rage Incident with a Gun?

 Posted on March 20, 2025 in Violent crimes

Recently, a Madison, WI man was arrested for flashing a gun during a road rage incident. From witness statements, it appears the man was annoyed about another driver who was playing loud music with his windows down, so he yelled at the other driver, and when he was ignored, he brandished a firearm at the other driver.

The 69-year-old was arrested for disorderly conduct while armed and charged under Wisconsin statute 941.20 – Endangering Safety by Use of a Dangerous Weapon. Firearm charges like this are punished harshly in the state. If you are charged with this crime – or any crime associated with a firearm – the best step you can take to protect your future is to speak to a Brookfield, WI criminal defense lawyer.  

What is the Offense of Endangering Safety by Use of a Dangerous Weapon?

A person charged with endangering safety by use of a dangerous weapon involves one or more of the following and is a Class A misdemeanor:

• Negligently operating or handling a dangerous weapon
• Operating or being armed with a firearm while under the influence of an intoxicant
• Pointing a firearm at another person
• Discharging a firearm within 100 yards of any residence where people reside

There are more serious charges under this statute, depending on the actions of the individual with the weapon. If a person intentionally points a firearm at an ambulance driver, first responder, emergency medical technician, firefighter, law enforcement officer, or commission warden, it is a Class H felony.

Intentionally shooting a gun into a vehicle or building that could have people inside or setting a spring gun is a Class G felony, while discharging a firearm at or toward another person, building, or vehicle is a Class F felony.  

What Are the Penalties for Endangering Safety by Use of a Dangerous Weapon?

The penalties for Endangering Safety by Use of a Dangerous Weapon can be punished in the following ways, depending on the facts and circumstances surrounding the offense.

• A Class A misdemeanor is punishable by a maximum $10,000 fine and up to nine months in jail.
• A Class H felony is punishable by a maximum $10,000 fine and up to six years in state prison.
• A Class G felony is punishable by a maximum $25,000 fine and up to 10 years in state prison.
• A Class F felony is punishable by a maximum $25,000 fine and up to 12 ½ years in state prison.

What Are the Defenses to Endangering Safety by Use of a Dangerous Weapon?

The most important goal for a criminal defense attorney in a situation where a person is charged with endangering safety by use of a dangerous weapon is determining whether the state has the necessary evidence to back up the charges and whether there were mistakes made by the police during the arrest or when questioning the suspect at the police station.

If the prosecution’s case is weak, there is a good chance for a plea deal. The plea deal could be for lesser charges or a lesser sentence for a guilty plea. If the evidence is really thin, the attorney may be able to have the charges dropped entirely. Next, the attorney will look at the arrest. Was there probable cause for an arrest? When the defendant was arrested, was he or she properly Mirandized? Did the defendant ask for an attorney?

Were there any errors made by the police as far as the chain of custody, or was excessive force used during the arrest? Depending on the facts and circumstances, the attorney may question whether the weapon actually belonged to the defendant or whether the defendant was acting in self-defense or in defense of others.    

Contact a Waukesha County, WI Weapons Charges Attorney  

When you have a Waukesha, WI weapons charges lawyer from Bucher, Wolff & Sonderhouse, LLP by your side, you can count on having a vigorous, highly skilled defense. We are available 7 days a week, 24 hours a day, to more fully accommodate our clients. Call 262-232-6699 to schedule your free consultation.