How Can You Get Battery Charges Dropped Before Trial

What Steps Can I Take to Get Battery Charges Dropped Before Trial?

Being charged with Battery can have significant and often life-changing consequences if not addressed with a proactive and aggressive legal strategy. Here are the options you need to take. First, start by writing a timeline of relevant events from start to finish while your memory is fresh. Make sure to not keep the list in a place others can access such as a password protected document.

Second, collect all evidence that you believe is relevant to the allegation. This includes text messages, photographs, and videos. Third, preserve all evidence that may suggest that your accuser is not credible such as a history of text messages that provide motive to falsely accuse you, video or photo evidence of prior events that document your prior injuries, and a list of witnesses to those events that can support your account of what happened. Ultimately, you need to consult a highly skilled criminal defense attorney who has a track record of successfully using this type of evidence in Battery case to place you in the best position to have charges dismissed before trial.

Our firm has a history of consistently achieving successful outcomes in these cases. We have consistently succeeded in securing outright dismissals of criminal Battery charges ranging from Felony to Misdemeanor charges, negotiating Deferred Prosecution Agreements, dismissing all charges at Trial with Not Guilty Verdicts, securing successful outcomes resulting in Expungement of all Battery charges.

Additionally, participating in pre-trial diversion programs, which often include counseling or community service, can result in charges being dismissed upon successful completion.

What Is the Legal Process for Dropping Battery Charges in Madison, Wisconsin?

After an arrest, the prosecutor examines the case to decide on filing formal charges, relying on the evidence provided by law enforcement. If Battery charges proceed, the person charges with Battery appears in court for an initial hearing, where they are formally charged and informed of their rights.

How Can Negotiations and Pre-Trial Motions Affect the Outcome?

The person accused of a crime also has an opportunity to investigate the case. Our team of experienced lawyers and collaborating partners for a tailored investigation strategy to target the key evidence in the case that is often overlooked by law enforcement. Our firm partners with a private investigator with over three decades of experience in law enforcement and, as needed, other expert witnesses who can analyze critical evidence in the case, including cell phone records that prove our client’s innocence or substantially discredit the accuser’s account of what happened.

Once we have completed our investigation, we meet with the prosecutor to discuss a resolution acceptable to our client. Additionally, we routinely file Pre-trial motions that can result in all charges being dismissed upon the Judge’s finding that your constitutional rights are violated. Even when Pre-trial motions do not secure a dismissal of all charges, they routinely advance our client’s strategic interests by educating the Prosecutor and Judge about the fundamental challenges to the Prosecutor’s case, and often result in better negotiated outcomes and advantages at Trial. Our firm has a track record of successfully utilizing Pre-Trial motions to secure the best possible outcomes.

What Are Deferred Prosecution Agreements?

In some instances, Wisconsin law permits deferred prosecution agreements. These agreements allow the Defense and Prosecutor to agree to a series of conditions that result in dismissal of criminal charges. One of our experienced criminal defense attorneys will explain to you how these agreements work and how historically we have been able to secure these results in similar cases..

What Are Potential Defenses to Battery Charges in Wisconsin?

There are many defense to battery charges. We tailor our defenses to what we believe will work best in each client’s specific circumstance based on a history of success in similar cases and our targeted approach to identifying the key evidence in the case that needs to be challenged. One common defense is demonstrating how the accuser has motive or bias to falsely accuse the person accused of Battery. This often requires exposing a history of communication documented through text messages and social media communications. A second common defense is to carefully examine the consistency of the accuser’s account. Far more often than people realize, individuals are falsely accused of serious crimes, including Battery, particularly during high conflict events in a relationship, including but not limited to divorce, breakups, and major arguments. A third common defense is to examine historical evidence related to the accuser’s credibility, including whether s/he has a history of being dishonest, falsely accusing other individuals, and a history of mischaracterizing similar events during the relationship. In situations such as bar fights where the accuser and accused may not know each other well, there are a number of successful defenses we have used, including self-defense, which is a complete defense to all criminal charges under Wisconsin law when used appropriately; examining the motive of the other person involved in the altercation to falsely accuse the other party in the fight; and issues related to impairment and memory, which are common in these scenarios. Our firm has a track record of successfully using these and a number of other defenses to secure the best possible outcome in Battery cases.

What Other Defenses Can Be Used?

In some cases, often when the accuser does not know the accused well enough or there are factors that risk a mistaken identification such as distance, viewing opportunity, and lighting conditions, mistaken identity may be a successful defense. Our firm works with expert psychologists who explain how common mistaken identifications are in these types of scenarios.

An alibi defense, which means the accused was not in the place where the alleged crime occurred, which is often demonstrated by GPS technology and witnesses, is example of a successful defense our firm has used, typically in cases alleging false allegation but it can also be relevant in mistaken identification cases.

Other technology-based defenses, examining external surveillance footage, can be also used to support the accused’s claim of innocence and discredit the accuser’s inaccurate account of what happened.

What Resources and Support Are Available for Individuals Facing Battery Charges in Madison?

Facing Battery charges can be stressful. Our clients often are concerned about collateral consequences, including losing placement time with their children in a family law case; facing future job discrimination; and forfeiting their Second Amendment rights, which is the result of a misdemeanor domestic abuse conviction under federal law. Our team of experienced criminal defense lawyers understand how to help our clients while going through one of the most stressful experiences of their lives by creating a proactive strategy calculated to secure the best possible result and referring our clients to appropriate professional behavioral help to manage the stress in these types of cases. They can help clarify your rights and the legal process.

How Can Support Groups and Counseling Services Help?

Support groups and counseling services can also offer significant benefits. Our clients have benefitted from evidence-based coping techniques that include mental health counseling, medication-based treatments, mindfulness, and breathing exercises among others. While we are not mental health clinicians who recommend specific coping techniques, we are invested in helping our clients find professionals who are able to address our clients’ mental health needs based on feedback from our clients of what has helped them in similar situations.

How Can a Criminal Defense Attorney Assist in Getting Battery Charges Dropped?

When facing Battery charges, a skilled criminal defense attorney knows which evidence can be used in court, which evidence will have the most impact, and will develop a strategy targeted to secure the most favorable outcome at trial and through negotiations with the prosecutor.

What Skills Do Criminal Defense Attorneys Bring to Negotiations?

Our firm takes an evidence-based approaching, learning from which types of evidence and arguments work with specific prosecutors and judges. We study the psychology of how people in those situations make decisions and use our own intuition and lessons from what has been most effective in the past to provide our clients with a strategy that is likely to secure the best possible outcome in their case.

What Alternative Resolutions Can Attorneys Explore?

As explained above, our firm has a track record of success representing clients over decades in Battery cases. We have a history of winning at trial, securing dismissals before trial, and negotiating with prosecutors to have all charges dismissed through a Deferred Prosecution Agreement and Expungement of their criminal record. We take pride in finding the best pathway to secure the most favorable outcome of our clients based on a tailored strategy that meets their objectives.

If you’re facing battery charges, contact Casper Mehlos Law Group today at 608-820-8926 for a free consultation.