Domestic Violence Lawyers in Madison, WI

Criminal charges of domestic abuse can result in severe penalties, regardless of where they occur. However, Wisconsin law is particularly harsh to those accused of such acts. This is especially true when sexual assault is involved or bodily harm occurs, but even simple misunderstandings have led to serious charges and penalties. If you’re accused of abuse, you need someone with legal training on your side. A domestic violence lawyer in Madison, WI may be able to help.

At Casper Mehlos Law Group, our dedicated team of criminal defense lawyers will review your case and help you understand your options. We understand what a domestic violence charge can do to a person’s life, and we don’t want to see this happen to you. The Center for Prosecutor Integrity found that tens of millions of Americans have been falsely accused of abuse. In some instances, allegations are simply overstated – or police may mistakenly believe a crime has occurred.

Whatever the specifics of your situation, it’s critical to speak with a criminal defense attorney. Contact our law firm today for a free consultation. A Madison, WI domestic violence lawyer will help you figure out a way forward.

What Is Considered Domestic Abuse Under Wisconsin Law?

If you research Wisconsin legal texts, you may be surprised if you’re trying to learn about domestic violence charges. That’s because there’s no specific charge listed as “domestic abuse” – or anything similar – under the law of our state. Rather, domestic violence is treated as an enhancer to other potential charges. If you ask most people, this crime is a form of battery – and this certainly applies in Wisconsin. In fact, there are several battery crimes that fall under the umbrella of domestic abuse.

The battery crimes that can have a domestic violence enhancer include:

Battery
Substantial battery
Aggravated battery

As your criminal defense lawyer will explain to you, this is just a broad view of potential criminal allegations. In reality, a domestic violence charge can be levied in relation to accusations such as strangulation, terroristic threats, disorderly conduct, sexual assault, kidnapping, stalking, intimidation, and other crimes. Clearly, inflicting pain of a physical nature is not necessary for an individual to face serious charges.

Unfortunately, many cases see similar outcomes regardless of whether violence is alleged to have happened. The worst part is that our country has a serious problem with false accusations. In many instances, they’re used in the family court system as a way to secure a better legal outcome – such as when the alleged victim is seeking full custody of the couple’s children.

However, keep in mind that a domestic abuse charge can only be brought if an alleged crime targeted certain individuals:

A spouse or significant other
A former spouse or significant other
A person who shares a common child
A person who resides or formerly resided with the accused (e.g., family members)

If an alleged victim doesn’t fall into one of these categories, a domestic abuse charge typically cannot be added as an enhancer. If this all sounds a bit complicated, that’s because it is. That’s why most people benefit from legal assistance. When you’re accused of violence against one of these individuals in Dane County, it’s important that you don’t take these charges lightly. Our domestic violence lawyers in Madison, WI may be able to help. Contact us today for a free initial consultation.

What if the Alleged Victim Didn’t Say You Committed Domestic Abuse?

Envision a scenario where a couple gets into a loud argument. No physical contact takes place, but the neighbors still contact police out of an abundance of caution. When police arrive, both individuals tell officers that no crime has been committed. No one is interested in filing a restraining order, and both parties just want to continue on with their day. Unfortunately, this will not always prevent an arrest. If officers have reasonable grounds to believe domestic violence has occurred, they have to make an arrest.

This can happen in many cases under many circumstances. For instance, one person may have a pre-existing injury. While the individuals involved may both know this, police may see it as evidence of abuse. Unfortunately, police have no discretion in these cases under the law of Wisconsin. Even if your significant other or other individual tells police that domestic abuse has not occurred, you may still end up arrested. Then again, maybe you were initially accused – but the person later recanted their allegations against you.

Whatever the case, an individual can be charged with committing battery or other domestic violence acts without a cooperating victim. This will not necessarily stop the state from prosecuting you. And even without cooperation from the alleged victim, a prosecutor may still seek substantial penalties for those charged with a crime.

What Are the Penalties for a Domestic Violence Conviction?

It doesn’t matter whether you’re in Madison or in the surrounding area – from Iowa County all the way to Green County – the penalties for domestic violence are the same. In fact, it’s state law that lays out these penalties. This means you could face serious repercussions no matter where you are in Wisconsin. However, any potential sentence you might face will depend upon the underlying circumstances of the charges against you.

In most cases, alleged victims can file restraining orders. You also have to think about the potential non-criminal repercussions – such as judges mandating supervised visitation with your children if you’re going through a family law case. While such outcomes are undoubtedly serious, the criminal penalties can be even worse:

Battery crimes: Depending on the severity of alleged abuse, a person could face charges ranging from Class A misdemeanors to Class E felonies for battery crimes. That means penalties could range from 9 months in jail to 15 years in prison, with potential fines of up to $50,000.
Sexual assault: Anyone charged with domestic violence as sexual assault could face Class B, C, or G felony charges. If you’re accused of such a crime, immediately seek a Madison, WI domestic violence attorney – as penalties can range from 10 to 60 years in prison.
Stalking: While it’s certainly less serious than other forms of domestic violence, stalking crimes can still land a person in prison. As a Class I felony, anyone convicted of the crime can face 3.5 years behind bars.
Suffocation or strangulation: Anyone who is accused of hindering breathing or blood circulation can face Class H felony charges. On a subsequent charge, this will increase to a Class G felony. A conviction can result in a sentence of 6 to 10 years.
Intimidation: It’s illegal to try to stop someone from reporting a crime, speaking to authorities, or acting as a witness. This is typically a misdemeanor with a maximum sentence of 9 months – but it can be charged as a felony with 10 years in prison in domestic abuse cases.

If it’s not clear by now, domestic abuse charges are serious business in Wisconsin. A person can face years in prison even when bodily harm doesn’t occur. And if someone is accused of violating a temporary restraining order related to their case, they can be locked up for nine months and charged a fine of $10,000. Clearly, the stakes couldn’t be higher. Even if you’re able to avoid incarceration, the stigma of a conviction can have lasting effects.

You need legal help, so don’t hesitate to contact an experienced domestic violence lawyer in Madison, WI. At Casper Mehlos Law Group, we’re here to help.

What Are the Best Defense Strategies for Domestic Violence in Madison?

When charged with a serious crime, a person’s best interests are served by working with a skilled legal professional. That’s because a knowledgeable attorney can help them understand all their legal options – including the defense strategies available to them. However, keep in mind that there is no single correct answer when trying to pinpoint the best defense for domestic violence charges in Wisconsin. The proper strategy will depend upon the circumstances of your case.

However, it’s still important to understand all potential options available to you:

False allegations: One of the most common defenses to domestic violence charges is that the alleged victim is lying. In some cases, these individuals may be charged if it’s proven that they lied.
No crime occurred: There are various ways to argue that no crime occurred. Perhaps the police misinterpreted something, or maybe the relevant actions were consensual.
Self-defense: Everyone in Wisconsin has the right to defend themselves. For this to apply, you must have been in some form of danger – and your response must have been proportional.
Defense of others: Self-defense laws do not just apply to individuals protecting themselves. If you were defending someone else (e.g., your children), you may have a strong defense.
Alibi: This works when the defendant has an alibi that can establish they were unable to commit the crime they’re accused of.
Accident: An accidental injury cannot be treated as domestic violence. Unfortunately, wrongful convictions do occur.
Constitutional violations: No matter what crime a person is charged with, they have constitutional rights. If violated, the case against them may be dropped or seriously hindered.

In some cases, these defense strategies could lead the prosecutor to drop or reduce charges. However, this will not always occur. In some instances, you may find yourself in front of a judge. Whichever of these situations you end up in, it’s critical to have a Madison, WI domestic violence lawyer at your side. While you certainly can defend yourself at trial, an old adage says, “A person who represents themselves has a fool for a client.”

Put simply, it takes experience and knowledge to navigate the complexities of criminal law – particularly when charges as serious as domestic violence are involved. And since none of these defense strategies are one-size-fits-all, it’s critical to discuss your case with an attorney who can help you identify an ideal approach. Contact our law firm today. We offer free consultations, so you have nothing to lose by reaching out.

Contact a Domestic Violence Lawyer in Madison, WI Today

There are various crimes that may be considered domestic violence, and if such an enhancer is added to criminal charges, things can get difficult for the accused. In a best-case scenario, they’ll merely have to go through the legal process of having a restraining order brought against them. If things get out of hand, they could face more than a decade in prison. None of these outcomes are ideal – even if the underlying charge is a misdemeanor. That’s why you need a legal advocate on your side.

At Casper Mehlos Law Group, our goal is to help you clear your name. The best way to assist us in doing this is to contact us as soon as you’ve been arrested – or even before an arrest when allegations have been levied. There are various defense strategies that can be used in court, but in some instances, we may be able to stop your case from ever making it to trial. We’ll strive to have all charges against you dropped, and if this isn’t possible, we’ll work hard for a similarly favorable outcome.

Contact us at (608) 820-8926 to schedule your free consultation. You need a dedicated and experienced domestic violence lawyer in Madison, WI – and that’s exactly what you’ll get at our law firm.