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Domestic Violence Lawyers in Madison, WI, Providing Legal Representation for Individuals Accused of Domestic Violence Charges

If you have been charged with domestic violence, your life will most likely change immediately. For example, you may be forced to leave your home due to an emergency protective order, lose custody of your children, or surrender your firearms.

If you suddenly find yourself involved in a domestic violence case, you must hire a skilled attorney who can build a strong defense on your behalf. Therefore, it is in your best interests to hire an experienced domestic violence defense lawyer who can fight to protect your reputation and your freedom.

Contact Casper Mehlos Law Group, LLC, of Madison, WI, to learn more about how we may be able to assist you with your criminal case. In addition, our legal team has extensive experience handling domestic abuse cases and related charges.

What Is Domestic Violence Assault?

Wisconsin law stipulates that an individual may be charged with domestic violence assault by inflicting pain and fear, committing battery, or sexually assaulting another household or family member. A household or family member may include a current or former spouse, partner, boyfriend, or girlfriend. In addition, charges may be brought against an individual for domestic violence against their child, foster child, or another person with whom the defendant lives within the home.

Some examples of domestic violence assault include:

  • Hitting, choking, slapping, or inflicting physical harm on the victim.
  • Use of a deadly weapon to inflict fear or harm on the victim.
  • Harassment
  • Dating violence

The law also dictates that law enforcement is legally obligated to take an individual into custody if the officer has reasonable grounds to believe that the accused has committed domestic abuse. Some other conditions that the police may consider when arresting for domestic abuse include:

  • The victim shows visible signs of injury.
  • The officer has reason to believe the abuse will continue.
  • There is evidence that the defendant is the principal aggressor.

Once the defendant has been arrested, they will remain in jail until they see a judge. The court will then determine if they should be granted bail or remain in jail. If you have been charged with domestic violence, contact our law offices immediately and ask to schedule a meeting with one of our criminal defense lawyers, who can advise you of your legal rights.

Are There Any Legal Defenses to Domestic Violence Charges?

Unfortunately, many individuals may find themselves facing false allegations of domestic violence. Sometimes, the accuser may be an ex-spouse or partner who makes the allegation to punish or make the defendant’s life difficult. However, some legal defenses may apply to your situation. They include:

  • Self-Defense. If you can prove that you were defending yourself or members of your household from bodily harm or in defense of property to prevent theft, the charges against you may be dismissed. In these cases, using force or a deadly weapon may be permissible if the circumstances dictate such conduct.
  • Factual Fraud. This defense may be utilized if the alleged victim files a false domestic violence report. Often, the accuser files the report to try and gain the upper hand in situations where a couple may be going through a breakup or divorce. In reality, the accused is innocent of the charges that have been leveled against them. A knowledgeable attorney can collect the evidence needed to establish the truth and have the charges dismissed.
  • Excluded Victim. The domestic violence charge may not apply to the situation for which the accused has been arrested. Wisconsin law has strict laws that dictate what qualifies as domestic violence. Consequently, the circumstances surrounding the case may not meet the legal criteria to qualify for a domestic violence charge.

If you have been unrightfully charged with the serious crime of domestic violence, you must seek qualified legal representation immediately. The domestic violence attorneys of Casper Mehlos Law Group, LLC, will immediately begin to collect evidence to build a strong defense against the charges and help you resume your life.

What Happens If a Person Is Convicted of Domestic Violence?

The Wisconsin criminal justice system takes a dim view of domestic violence and has enacted strict laws to deal with offenders. If you are charged with domestic violence in Wisconsin, the charge itself could remain on your permanent record for the rest of your life.

Typically, the penalties handed down for a domestic violence conviction depend significantly on the circumstances surrounding the case. Some of the penalties and fines associated with domestic violence charges include:

  • Battery: Class A misdemeanor punishable by 9 months in jail and up to $10,000 in fines.
  • Disorderly Conduct: Class B misdemeanor punishable by 90 days in jail and a fine of up to $1,000.
  • Substantial Battery: Class I felony punishable by 3.5 years in prison with fines ranging from $10,000 to $50,000.
  • Aggravated Battery: Class H or Class E felony punishable by 6 to 15 years in prison with fines ranging from $10,000 to $50,000.
  • First, Second, or Third-Degree Sexual Assault: Class B, C, or G felony punishable by up to a maximum of 60 years in prison and up to $100,000 in fines.

The court may also impose other requirements as part of the sentence, such as mandatory anger management classes, alcohol or drug treatment, probation, and supervised visitation of children.

Therefore, one of the best decisions you can make to protect yourself and your reputation in the community is to hire an experienced domestic violence defense attorney who can negotiate with the prosecution to have your charges lowered or possibly dismissed.

Why Should I Hire a Criminal Defense Attorney If I Have Been Accused of Domestic Violence?

Many individuals initially believe they can handle their own defense in a domestic violence case. This line of thinking is common in cases where the accused has been charged with a misdemeanor. Often defendants do not feel that a misdemeanor can negatively affect their future. However, a misdemeanor conviction can remain on your permanent criminal record and make it difficult to obtain employment in specific job fields, especially those that involve children.

One of the most significant advantages of hiring a domestic violence defense attorney is they have the skills and knowledge necessary to analyze the evidence in your case, such as witness testimony. In addition, a criminal defense lawyer has the legal training needed to advocate on your behalf with the prosecution and the court to ask that evidence be thrown out or excluded. Additionally, a defense attorney may also be able to negotiate with the prosecution to help you enter the Deferred Prosecution Program (DPP). This program works to help eligible defendants avoid a criminal conviction if the offender satisfies all the requirements set forth by the court. Some of the most common provisions of DPP include the following:

  • A drug and alcohol assessment, after which the defendant must comply with the treatment that has been recommended
  • Successful completion of anger management classes
  • Mandatory attendance in parenting classes, if applicable to the case
  • Successful completion of community service hours

After successfully completing the court-ordered conditions, the District Attorney’s Office will dismiss or amend the charges.

If you have been arrested and charged with any type of domestic violence offense, do not trust your freedom and future to chance. Instead, contact Casper Mehlos Law Group, LLC, of Madison, WI, immediately by calling (608) 820-8926  and asking to schedule a free no-obligation consultation. A qualified legal team member will gladly sit down and listen to your side of the story and explain your potential legal options.