How Does Wisconsin Law Define Domestic Violence?
In Wisconsin, domestic violence is not a specific charge or crime, but an enhancement of particular crimes. Battery, strangulation, disorderly conduct, and assault are examples of crimes that can be classified as acts of domestic violence. Criminal defense lawyers in Dane County explain that the state uses the following battery statutes to handle domestic violence cases:
- Battery: The intentional act of causing bodily harm to another person without their consent. The crime is a Class A misdemeanor.
- Substantial battery: It is the intentional act of inflicting substantial bodily harm to another and is a Class I felony.
- Aggravated battery: It is the intentional act to cause bodily harm (Class H felony) or significant bodily harm (Class E felony).
The classification depends on the case circumstances, with different penalties for various categories. The more severe the offense, the harsher the penalties. When facing domestic violence charges, it’s in your best interests to work closely with skilled domestic violence attorneys in Madison to help you beat the charges.
What Are the Legal Consequences for a Domestic Violence Conviction?
A domestic violence charge could have devastating consequences upon a conviction. Possible penalties include the following:
- Up to 9 months’ confinement and a fine of up to $10,000 for battery
- Up to 3.5 years behind bars and a fine of up to $10,000 for substantial battery
- Up to 15 years imprisonment and a fine of $50,000 for aggravated battery
- An increased imprisonment term of an additional 6 months for using or threatening to use a deadly weapon
- You could be forced to leave your home
- Legal barriers to coming into contact with your children or members of your household
- Loss of the right to own a firearm
- An additional domestic violence fee
- Probation
- Community service
Given the steep penalties that can curtail your freedom and adversely affect your life, it’s vital to be well-prepared to defend yourself. Since it can be challenging to navigate the criminal justice system, consider enlisting the legal assistance of aggressive Madison domestic violence lawyers to increase the chances of a favorable outcome.
What Are the Possible Defenses Against Domestic Violence Charges?
Criminal defense lawyers in Dane County advise that you’re only guilty if you’re convicted of a domestic violence charge. You can avoid a conviction by carefully evaluating the charges and creating a solid defense strategy with the help of experienced defense lawyers.
Possible defenses include the following:
Self-Defense
Self-defense is a common argument that defendants in domestic violence cases use to have the charges dismissed or the penalties reduced. It is a legal concept allowing individuals to use deadly force to protect themselves, others, or their property from bodily injury or the threat of harm.
With the help of skilled domestic violence attorneys, you could argue that you acted in self-defense because you believed you were in imminent harm. This means that you reasonably believed that you or another person was about to suffer bodily injury, and your reaction was a response to the perceived threat.
However, to be successful in this defense strategy, your Madison domestic violence attorneys must also prove the following elements:
- Proportional force: You can only claim self-defense if you can prove the force you used was proportional to the threat you faced. Self-defense laws don’t condone the use of excessive force. For example, shooting at someone who only slapped or pinched you may not be justifiable.
- No duty to retreat: Wisconsin self-defense laws don’t require you to retreat, which means you don’t have to attempt to escape the imminent threat of harm before using reasonable force to defend yourself.
- Reasonable belief: Your belief in acting in self-defense must be reasonable based on the circumstances at that time.
Navigating these elements can be challenging if you don’t understand how the law works. Consult extensively with experienced attorneys for in-depth guidance.
Lack of Evidence
Prosecutors have the burden of proof to show your guilt beyond a reasonable doubt. Your lawyers can scrutinize the evidence and question or poke holes in it to make it weak or questionable. Without reliable evidence, it would be challenging for the prosecution to prove its case against you. That can enhance the chances of having the charges dismissed.
False Accusation
Most domestic violence charges arise from misunderstandings that quickly escalate to heated arguments. It’s often easy for false accusations to occur during moments of charged emotions. For example, a spouse may attempt to gain leverage in a child custody or divorce by falsely accusing their partner of domestic violence.
Alibi
Your domestic violence attorneys in Madison can help you establish an alibi to prove you were not present at the scene when the alleged act of domestic violence happened. For example, a friend could testify that you had travelled to another location and they had accompanied you. This approach entails many intricacies, so consult widely with your legal team to succeed.
Mistaken Identity
Eyewitnesses can sometimes give unreliable testimony, subjecting you to a wrongful conviction. If you believe a witness mistakenly identified you as the offender, you can create a solid defense to counter the claim.
An Experienced Criminal Defense Attorney Can Defend You Against Domestic Violence Charges
Domestic violence accusations and charges can be overwhelming, and the potential implications can dramatically change your personal and professional life. However, you can defend yourself against the charges to protect your rights, freedom, and future.
The likelihood of gaining a favorable outcome is high if you work closely with skilled domestic violence attorneys in Madison. Casper Mehlos Law Group hosts knowledgeable lawyers who can review your case and help you weigh your legal options. Don’t let a criminal charge ruin your life. Call us at 608-820-8926 for a FREE consultation.
