Domestic Battery In Wisconsin | Domestic Violence Defense
Definitions And Defense: Domestic Battery In WisconsinDomestic battery in Wisconsin is a serious allegation. Even a charge of domestic battery can upend lives, ruin reputations and destroy livelihoods. A solid analysis of the facts and a strong defense is essential to minimizing damage.
Wisconsin Treats Domestic Battery HarshlyIn Wisconsin, domestic battery charges fall under the same laws governing battery charges, but domestic battery carries greater penalties if a weapon was used. A “weapon” may be just about any item. The definition is not limited to guns and knives, but may include any item that was used to cause harm in the attack. A battery is considered a domestic battery if the victim and the perpetrator are in some type of relationship. This includes marriages and civil unions but can also include people who are dating or living together. Charges can range from misdemeanors to felonies and may include disorderly conduct, criminal damage to property, kidnapping, or stalking. The penalties for domestic battery vary depending on the situation but often include fines, jail time or both. The stakes are higher if you are charged with domestic battery with a weapon and whether the victim suffered bodily harm. For example, battery domestic violence with a deadly weapon without bodily harm is a felony carrying two to ten years in prison and a fine of $10,000. By contrast, a charge that includes substantial bodily harm is a felony carrying up to 15 years in prison and a fine of $10,000. If you are a repeat offender or have a criminal record, the penalties may be even more severe. Furthermore, Wisconsin has also instituted a law requiring domestic violence offenders to surrender any weapons they possess. Anyone convicted of domestic violence with a deadly weapon is permanently prohibited from possessing a firearm under federal law.
Domestic Battery DefenseDomestic battery cases can be difficult to defend. It is often a “he-said, she-said” type of situation and the case may be further muddied if children are involved, jealousy exists, or a new partner is in the picture. Anyone who has been accused of domestic battery in Wisconsin should consult a criminal defense attorney right away. Your attorney will be able to advise you of what to do and what not to do. Early intervention provides your legal team with the best chances of mounting a winning defense. There Are Many Defense Options That Your Attorney May Explore, Such As:
- The weapon was not used to cause bodily harm.
- The defendant was acting in self-defense.
- The defendant did not act willfully or with intent.
- False accusation.