What Are Effective Legal Defenses for Domestic Violence Accusations?

What Should You Know About Domestic Violence in Wisconsin?

What is your recourse if you are accused of a domestic violence crime in the Madison area? Your first step is to schedule a legal consultation – as quickly as possible – with a Madison domestic violence defense attorney.

Domestic violence isn’t uncommon in Wisconsin. Too frequently in this state, disputes between family members, household members, and romantic partners turn violent. In 2023, domestic violence incidents in Wisconsin resulted in eighty-five fatalities.

What offenses constitute crimes of domestic violence in Wisconsin? Who are the victims? How are domestic violence convictions penalized in this state, and how will a Madison domestic violence defense lawyer represent you against a domestic violence charge?

What Crimes Are Domestic Violence Crimes?

A domestic violence crime in Wisconsin is a violent crime committed:

1. against an adult family or household member by another adult family or household member
2. by a caregiver against an adult under that person’s care
3. by an adult against an ex-spouse, against an adult with whom the perpetrator has or had a dating relationship, or against an adult with whom the perpetrator is the co-parent of a child

Domestic violence crimes in Wisconsin include the intentional infliction of physical pain, injury, or illness; the intentional impairment of the victim’s physical condition; sexual assault; stalking; damaging or destroying the victim’s property; or a threat to commit any of these crimes.

How Are Domestic Violence Convictions Penalized?

There are no specific “domestic violence” charges in Wisconsin. Most domestic violence incidents are charged under the state’s disorderly conduct or battery laws:

1. Disorderly conduct is violent, abusive, indecent, or other behavior that tends to provoke or cause a disturbance. Disorderly conduct, a Class B misdemeanor, may be penalized on conviction with up to ninety days in jail and a fine of up to $1,000.
2. Battery is intentionally causing bodily harm. Battery is a Class A misdemeanor that may be penalized upon conviction with up to nine months in jail and a fine of up to $10,000.
3. Substantial battery is intentionally causing substantial bodily harm, a Class I felony that may be penalized on conviction with up to three-and-a-half years in prison and a fine of up to $10,000.
4. Aggravated battery is intentionally causing great bodily harm while intending to cause bodily harm or great bodily harm. Aggravated battery convictions may be penalized with up to fifteen years in prison and a fine of up to $50,000.

Are There Extra-Legal Consequences for a Domestic Violence Conviction?

Any criminal conviction in Wisconsin establishes a criminal history that can make it difficult to find housing or employment or qualify for loans or public benefits.

Defendants who receive a domestic violence conviction lose the right to own or possess firearms. It’s a lifetime ban unless a court expunges or sets aside the conviction or a full pardon is granted.

If you’re not a U.S. citizen, a domestic violence conviction places you at risk for removal. If you hold a professional license in Wisconsin, a domestic violence conviction may prompt disciplinary action from your state licensing board.

Charged With Domestic Violence? Take These Measures

If you are arrested and charged with a domestic violence crime, ask for your lawyer and do not speak about your case with anyone else. If the police try to interrogate you, say something like, “I prefer not to answer questions before meeting with my lawyer,” and then say no more.

Do not try to negotiate with the prosecutor or the police. Let your defense attorney do the talking and negotiating. If you are offered a plea deal, speak with your lawyer before accepting or rejecting the prosecution’s offer.

Can You Avoid a Domestic Violence Conviction?

If you are charged with domestic violence, avoiding a conviction may be challenging, but to convict you, the state must prove your guilt beyond a reasonable doubt, and that may also be a challenge.

In the Madison area, if you are facing any domestic violence charge, you must contact – as quickly as possible – a Madison domestic violence defense attorney who has substantial experience handling domestic violence cases, plea negotiations, and jury trials.

After reviewing the case, your attorney will develop an effective defense strategy. If the evidence against you is persuasive, your attorney may negotiate for an acceptable plea deal. But if you’re not guilty, don’t plead guilty or accept a plea offer. Instead, insist on your right to a trial by jury.

How Will Your Attorney Represent You?

Fabricated domestic abuse allegations are more common than many people think. A Madison domestic violence defense lawyer can probably discredit a phony domestic violence claim, but like anything else in a trial, what’s “true” will in the end be determined by a panel of jurors.

If the claim against you is false, your lawyer will work to uncover the truth. If your action was in self-defense, your lawyer will explain to the jurors your side of the story. If you were acting to protect someone else, that may also be an effective defense.

Having the right defense is important, but that defense must be presented by an experienced lawyer who fights aggressively for the truth, protects your rights, and knows how to bring your case to a just and acceptable outcome.

The Casper Mehlos Law Group Will Fight on Your Behalf

If you have been charged with a crime of domestic violence in or near Madison, you should be represented by a criminal defense attorney who has established a reputation for legal excellence – an attorney at the Casper Mehlos Law Group.

Our award-winning attorneys know how to find the truth and bring your domestic violence case to its best possible resolution. Attorneys Tim Casper and Corey Mehlos bring their experience, skills, and considerable record of success to every client and every case.

If you face criminal domestic violence charges in the Madison area, now or in the future, call the Casper Mehlos Law Group as quickly as possible – at 608-820-8926 – to schedule a free, in-depth legal consultation with no obligation.