Wisconsin Domestic Violence Defense

Involved in a Domestic Violence Dispute in Wisconsin?

Qualified Wisconsin criminal defense attorneys have the knowledge, skill and experience that will provide you with the best possible defense for your case

Facing Domestic Violence Charges

The immediate need of a defense attorney after being arrested for a domestic violence dispute is no simple matter. If you are being charged with domestic violence, this complicated matter can certainly make you feel as if there are no solutions to your situation. In many cases, a domestic violence defendant can face being ordered to leave his or her home; being prohibited to visit or even see his or her children; and can even demand imprisonment. While these are some of the most severe results of being charged with domestic violence, they are nonetheless common results. In many cases, defendants will also run the risk of losing his or her employment. This is particularly true if the defendant works in the justice field or public sector.

If you have been accused and charged with domestic violence, an expert attorney can champion for your rights. A criminal defense attorney will see that the charges you are facing fit your crime. Further, he or she will fight to protect your rights and see these rights are upheld and protected.

Domestic Violence

The United States Department of Justice website defines domestic violence as being a recurring behavior which is abusive in a relationship. This abusive behavior is typically caused by one individual on to the other in order to be controlling or gain power over him or her. Domestic violence can take many forms. It can be sexual abuse, or even economic abuse. Domestic violence can also be psychological abuse. Threatening, which negatively influences a victim, can also be considered domestic violence. The most commonly known form of domestic violence is physical, however, in which on partner physically hurts or injures the other. In domestic violence disputes, abusive patterns of behavior can include, but are not limited to:

• A recurring humiliation of an individual;
• Purposefully terrorizing or coercing the other individual; and/or
• Repeatedly intimidating and manipulating a victim.

While domestic violence is most commonly initiated between intimate partners, domestic violence can also be a charge concerning anyone who lives under the same household. For example, domestic violence can happen between parents and children, grandparents, or any other individual who lives in the same property. No relation to the individual is necessary.

What Are The Wisconsin Penalties If You Are Charged?

Unlike a few other states, Wisconsin has a specific group of people unto which “domestic abuse” can occur, rather than a more lenient system that would qualify, for instance, long-term platonic roommates. Wisconsin recognizes:

• Spouses or former spouses
• People related by blood or marriage
• People who live together or previously lived together
• People who have or previously had a "dating relationship"
• People who have a child in common, or
• A person (or any other person who has been appointed custodian or legal guardian of a child) and their minor child

Additionally, Wisconsin doesn't have a specific law prohibiting domestic violence. Instead, the state uses the same statutes, such as battery, sexual assault, kidnapping, and homicide, to prosecute domestic violence situations. The fact that the crime occured with the aggravating factor that it was against a family member may get the defendant a harsher sentence, If convicted, the court also assesses a mandatory $100 fee for convictions of various crimes, if the violation was against a current or former spouse, current or former co-habitant, or co-parent. Here’s a look at where common domestic violence crimes land in Wisconsin law:

• Battery. This is a class A misdemeanor, and involves intentionally causing bodily harm to another without the person's consent. This crime can be penalized by up to 9 months confinement and a fine up to $10,000.
• Substantial Battery. This is a Class I felony, and involves intentionally causing substantial bodily harm to another. This crime is punishable by up to 3.5 years in prison and up to a $10,000 fine.
• Aggravated Battery. This is a Class H felony if it was attempted with the intent to cause harm, and a Class E felony if the intent was to cause great bodily harm (such as intent to kill). A Class H felony can be punished by at most 6 years in prison and a fine of $10,000 and a Class E felony can be punished by at most 15 years in prison and a fine of $50,000 fine.

As for the remainder of Wisconsin criminal code, here are a few slightly less common domestic violence crimes and their associated sentencing:

• Class A Felony. Class A felonies are the most serious types of crimes in Wisconsin, and are punishable by life imprisonment. Murder and child abduction, among a few others, are considered Class A felonies.
• Class B Felony. Crimes such as first degree sexual assault are considered Class B felonies. These are punishable by up to 60 years’ imprisonment.
• Class C and D Felonies. *Discussed above.

If you are officially determined guilty for domestic violence charges, Wisconsin penalties range from misdemeanor to felony classification, depending on a number of factors, including the frequency/repetition of abuse, as well as what the penalty for the regular crime, not having been committed against a family or household member, that fall outside the DV definition, such as rape, murder, and other specific offenses. In that case, you may receive that crime’s general state penalty, as well as additional penalties because of the domestic abuse aspect.

In general, however, committing domestic violence is subject to the following guidelines and penalties:

• First Offense Within Seven Years. Misdemeanor, punishable by two days’ to six months’ imprisonment, 48 to 120 hours of community service, and a fine of between $200 and $1,000.
• Second Offense Within Seven Years. Misdemeanor, punishable by 10 days’ to six months’ imprisonment, 100 to 200 hours of community service, and a fine of between $500 and $1,000.
• Third (or Subsequent) Offense Within Seven Years: Class C felony, punishable by imprisonment for one to five years, and a fine of up to $10,000.

Other crimes in Wisconsin law that may appear in domestic violence cases are included in the following crime classifications:

• Simple Misdemeanor. Simple battery falls in this category, and may result in up to $1,000 in fines, and/or up to six (6) months in jail.
• Gross Misdemeanor. Aggravated battery--battery committed without a deadly weapon and without intentional infliction of substantial bodily harm--as well as a second or subsequent offense of stalking are both examples of gross misdemeanors. Either may result in 364 days in jail, and/or $2,000 in fines.

As for felonies:

• Category A felonies. DV crimes in this class include first-degree and second-degree murder, first-degree kidnapping, using or promoting the use of a child in pornography, sexual assault, and battery with intent to commit sexual assault that results in substantial bodily harm. A Category A felony in Wisconsin is punishable by the death penalty; life in prison without parole; or life in prison with a possibility of parole.
• Category B felonies. DV crimes in this class include reckless driving involving “serious bodily harm” or death, assault with a deadly weapon, and battery with intent to kill. For a Category B felony, the court can impose a maximum range of 8 to 20 years in prison. Some Category B felony sentences can also include a fine.
• Category C felonies. DV crimes in this class can include violating an order of protection (or restraining order), and stalking by use of the internet, text-messaging or similar method.  A court can sentence a defendant convicted of a Category C felony in Wisconsin to a maximum range of 2 to 5 years and a fine up to $10,000.
• Category D felonies. DV crimes in the class include involuntary manslaughter, and manslaughter. For a Category D felony, the maximum sentence range is 19 months to 4 years and a fine up to $5,000.

Aside from the particular crime committed, the primary factors influencing which type of penalty is likely to be imposed are the following: the victim’s relationship to you; for instance, domestic violence against one of your parents, versus domestic violence against a spouse or live-in partner; the nature of the purposeful terrorizing and/or coercing of the other individual; and/or evidence of having repeatedly intimidated or manipulated a victim, and to what extent this effected the victim’s daily life and wellbeing.

Facing Wrongful Domestic Violence Accusations

Unfortunately, there are countless situations in which one individual wrongfully accuses his or her partner of committing domestic violence. Aggrieved partners are able to make a simple accusation that will spark an investigation, which can ultimately change a person’s life. When feeling angry or betrayed, a resentful partner can make a wrongful accusation in an attempt to get revenge. Messy divorces or separations can often be a difficult situation to experience and if children are involved, it is common to see false accusations arise due to the attempt to gain sole custody of the children. These types of cases can quickly become very stressful and traumatic. A dangerous battle of hearsay can take a complete hold on your entire life. False accusations can be common and if this is your case, contacting an expert attorney can help overturn your case.

The Repercussions of Being Accused of Domestic Violence

Being charged with domestic violence can be one of the most devastating crimes you can be charged with. If you have been accused and charged with domestic violence, it is important that you know that this type of case can affect your employment. It can also affect any future employments and/or promotions. Hiring a qualified attorney who has experience in the matter can greatly benefit your case. An expert attorney will be able to determine if the charges filed against you fit your actions. He or she will also be able to see that your civil rights are being upheld.

If you have been blamed and charged with domestic violence, the implications of such can take an immediate effect on your life. Before you are legally convicted, you can be forced to move out of your home and you can also be prohibited to have contact with your children, if they are underage. Many domestic violence convictions can indicate a denial or severe visiting limitations with your children. In the worst cases, a conviction can implicate a complete loss your child’s custody. In addition to losing parental rights, a domestic violence defendant can be imprisoned, pay fines or post bail, be ordered to enroll in anger management programs, counseling, or even be placed in probation.

Defend Your Case

Being charged with domestic violence can have serious and immediate consequences. Unbeknown to many defendants, investigations can begin immediately without the need of much evidence. It is important that you begin working on your defense case sooner, rather than later. Don’t wait until it becomes harder to prove your case, begin defending your case immediately. Hiring an expert criminal defense attorney can be beneficial to your case. False accusations can happen to anyone, and even if that is not your case, you still have rights that can and should be protected. A qualified attorney should be knowledgeable and experienced in investigating the complications and difficulties of a domestic violence case. A professional attorney will also be sympathetic to the emotional nature of the case. A qualified criminal defense attorney will have the knowledge, skill and experience that will provide you with the best possible defense to your case.