Domestic Violence Defense Attorney Middleton
Experienced Attorneys Helping Clients Fight Domestic Violence Charges
Wisconsin police and prosecutors take a tough stance on domestic violence-related offenses. However, law enforcement authorities often make critical mistakes that lead to the arrest of the wrong person. Depending on the situation, domestic violence charges could result in being sentenced to time in jail or prison, being served with a no-contact order, and loss of firearm rights.
If you have been arrested and charged with domestic violence, you must hire a criminal defense attorney who will help you fight the charges so you can resume your life.
Casper Mehlos Law Group, LLC, has successfully defended clients in Dane County for various domestic violence-related charges and knows what it takes to achieve favorable results. Our defense lawyers are fearless in standing up to prosecutors and will fight to have the charges dismissed or reduced.
Contact our Middleton criminal defense lawyers today to schedule a free consultation. This will allow us to evaluate your legal needs professionally.
What are Common Domestic Abuse-Related Offenses?
Although Wisconsin does not prosecute domestic violence as a specific crime, there are several offenses that, if committed against a family member, will result in charges. Under state law in relation to domestic violence cases, family members may include a current or former spouse, someone with whom you share a child, blood relatives, or current or former roommates.
Some of the most commonly charged offenses related to domestic disputes include:
- Disorderly conduct: In the context of domestic violence, disorderly conduct can include violent, abusive behavior such as shouting profanities, throwing objects, or engaging in shoving matches
- Harassment: Repeated acts meant to intimidate or harass the victim that may include threats, verbal abuse, or physical violence
- Substantial battery: When one party causes the other(s) serious bodily injury that typically requires medical attention and could result in temporary or long-term impairment
- Sexual assault: Forcing another to have intercourse or sexual contact without their consent
- Domestic homicide: The killing of a current or former spouse or intimate partner
Wisconsin’s domestic violence laws can be challenging to understand without legal help. If you are facing domestic violence charges, you cannot afford not to have a qualified attorney who will fight to protect your future.
What Happens if Someone Accused of Domestic Violence Violates a Restraining Order?
Wisconsin lawmakers have enacted a 72-hour rule that prohibits anyone who has been accused of domestic violence from contacting the alleged victim for three days. The law that serves as an automatic no-contact order was set in place to protect victims from suffering further harm and abuse at the hands of the accused. However, the victim in the case does have the right to waive the no-contact order if they wish to do so.
Under the 72-hour rule, the accused must avoid the victim’s residence and any other place where they may spend time, including work and school. The accused is also prohibited from attempting to have a third party contact the victim.
If you violate the no-contact order, you could be charged with a Class A misdemeanor, punishable by up to nine months in jail and a possible fine of up to $10,000. Another legal implication may also include the revocation of your bond.
If you have been accused of domestic violence, it is in your best interest to contact a criminal defense lawyer immediately. Your lawyer can explain the 72-hour law and inform you of the necessary steps to protect your freedom. Contact our knowledgeable lawyers today so we may answer your legal questions.
What are the Criminal Penalties for Felony Charges in Domestic Violence Cases?
In Wisconsin, domestic violence can result in misdemeanor or felony charges depending on the facts involved. For example, disorderly conduct related to domestic violence is charged as a Class B misdemeanor punishable by 90 days in jail and a $1,000 fine.
Violent crimes related to domestic violence are charged as felonies and can result in severe penalties. In cases where defendants have been accused of inflicting serious injuries, they could be charged with substantial battery. Substantial battery is charged as a Class I felony, and a conviction can result in a defendant being sentenced to three and a half years in state prison and a fine of $10,000.
If the case involves significant bodily harm that could lead to physical impairment, the charge can be upgraded to a Class H or E felony. A Class H felony battery conviction is punishable by six years in prison. In contrast, a Class E felony can result in the defendant being sentenced to up to 15 years. A Class H and E felony may also result in a fine of up to $50,000. Other domestic violence charges that may be charged as felonies include strangulation or suffocation, a Class H felony, or intimidation, a Class felony punishable by up to 10 years in prison.
What are the Most Common Legal Defense Strategies Used to Fight Domestic Violence Charges?
Unfortunately, an alleged victim may fabricate allegations for various reasons, such as to gain leverage in a family law case, seek revenge, or attract attention. In other instances, the accuser was the one who initiated the aggression. One of the most significant advantages of hiring a criminal defense lawyer is their ability to craft an innovative defense strategy to protect your rights and freedom.
Some of the most commonly used defense strategies include:
- Self-defense: Wisconsin law allows you to use reasonable force to protect yourself from imminent bodily harm
- Self-defense of others: Similar to self-defense, an attorney may be able to present evidence that shows you acted to protect others from harm
- Inconsistencies in the accuser’s statement: A skilled attorney will review the alleged victim’s statement to try and detect inconsistencies. Your attorney may be able to prove that the accuser provided a false statement to police
- Insufficient evidence: In many instances, police and prosecutors are overzealous in their pursuit of maintaining public safety and pursuing charges that lack sufficient evidence. A criminal defense lawyer will review the evidence and file motions arguing that the case should be dismissed
To learn more about defense strategies for fighting domestic violence charges, contact our law office today to schedule an appointment with one of our well-qualified attorneys.
Why Should I Choose Your Law Firm to Defend Me Against Domestic Abuse Allegations?
Casper Mehlos Law Group, LLC is a criminal law firm with extensive experience defending clients accused of domestic violence. Just as with drunk driving or drug charges, domestic violence can have a devastating effect on you and your family.
When you seek our assistance, our first step is thoroughly investigating your case. We listen to your side of the story, review witness testimony, and examine any bodycam or other video footage that may be available.
Our criminal defense attorneys primarily aim to help you resolve your legal issues without going to court. In many cases, domestic violence charges are resolved through negotiations between a defense attorney and the prosecutor. However, if we cannot secure a favorable plea deal, our attorneys are prepared to go to trial and have your case decided by a judge or jury.
If you are facing domestic abuse charges and are unsure who to turn to for help, contact our Middleton criminal defense lawyers at (608) 820-8926 to schedule a free consultation.