Although the charge of domestic abuse with a weapon in Wisconsin follows the same procedural filings as domestic abuse without a weapon, the penalties are much higher. Complicating matters is the fact that Wisconsin recognizes several objects as “weapons” even when they would not normally be classified as such. For example, pots and pans, coat hangers, garbage bags, and sticks could all be considered weapons in a domestic violence case.
Given the severity of the penalties and the wide-ranging and loose interpretation of “weapon”, it is it vitally important for the accused to develop a strong defense strategy early in the process. Even a heated argument where you throw a book at your partner could result in a charge of domestic abuse with a weapon.
Penalties for domestic abuse in the state depend on whether or not there was bodily harm. Under state law, domestic abuse with a weapon that does not result in bodily harm is a felony carrying penalties of two to ten years in prison and $10,000 in fines.
If the accused is convicted of domestic abuse with a weapon and bodily harm does result, it is also a felony. In that instance, it is punishable by up to 15 years in prison and a fine of $10,000. In addition, offenders must surrender their weapons and are permanently barred from possessing a firearm.
Domestic violence cases often become a “he said-she said” situation, fueled by strong emotions like jealousy, revenge, or arguments over child custody. Your defense attorney will examine the facts of the case very closely to ensure that ONLY the facts are presented as evidence and to minimize the emotions of the situation. Every case will require a different defense strategy; possible defense arguments include:
It is very important not to brush off charges of domestic abuse, with or without a weapon, even if it is your first offense. Even first offenses can land you in jail. Along with jail comes a criminal record which will affect every aspect of your life from finding a job to finding a place to live and even spending time with your kids. Plea deals are often offered in these types of domestic cases, but they are not always as straightforward or beneficial as they seem. If you are offered one, do not accept it without speaking to an attorney.
Protect yourself and your future by scheduling a free defense consultation with the criminal defense attorneys at Eisenberg Law Offices. Our attorneys have been defending against charges of domestic abuse and battery in Wisconsin for over 35 years and are skilled at building solid defenses.
Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356