The State of Wisconsin aggressively prosecutes domestic violence crimes. Wisconsin is a mandatory arrest state, meaning that if law enforcement officers believe domestic violence has occurred or will continue to occur, they must arrest the aggressor. Emotions are often running high and situations are often exaggerated by the alleged victim. Adding to the complexity of the scenario, prosecutors are often unwilling to back down from pursuing charges even after an alleged victim recants or changes his/her story. If you need aggressive domestic violence defense, Meyer Van Severen, S.C. can help you.
Encouraging police officers to make an arrest, section 968.075(4) of the Wisconsin Statutes requires a police officer to prepare a written report stating why a person was not arrested, after the officer had reasonable grounds to believe that the person was committing or had committed domestic abuse. When an officer has the choice of arresting an individual or writing a report about why he didn’t arrest that individual, which route do you think he’s going to take?
These situations are very serious and convictions carry lifelong collateral consequences. For example, individuals convicted of domestic violence crimes are banned from possessing firearms for the rest of their lives. Considering that seriousness, hiring an experienced defense attorney for domestic violence defense makes even more sense.
Domestic abuse is defined in section 968.075 of the Wisconsin Statutes. “Domestic abuse” isn’t a crime charged itself – it’s a modifier added to other crimes (like battery or disorderly conduct). Domestic abuse includes intentional infliction of physical pain, physical injury, or illness, intentional impairment of physical condition, sexual assault, or a physical act that may cause the other person reasonably to fear imminent engagement of the conduct described above. Domestic abuse can only be alleged when the conduct was against the defendant’s former spouse, against an adult with whom the defendant resides or formerly resided, or against an individual with whom the defendant has a child in common.
Repeat offenders face more serious penalties. Section 939.621 of the Wisconsin Statutes deals with domestic violence repeater penalties. Domestic violence repeater charges carry with them 2 years additional imprisonment. Charges which were misdemeanors are increased to felonies.
The defendant is considered a repeater in two circumstances. A defendant is a domestic violence repeater if he is arrested for an act of domestic violence and then commits another domestic violence offense within 72 hours. In the second scenario, the defendant is a repeater if he has been convicted, on 2 separate occasions within the last 10 years of a domestic violence offense, and then commits a new offense within that ten year window.
Aggressive domestic violence defense is important in all cases. When facing a repeater charge it’s even more important.
It’s critical that you hire an experienced and aggressive Milwaukee defense attorney when facing a domestic violence charge. Attorney Meyer and Attorney Van Severen are Milwaukee criminal defense lawyers who provide successful domestic violence defense. Both of our criminal defense partners started their careers as defense attorneys handling a heavy load of domestic violence cases. Both our defense lawyers have won domestic violence jury trials. We’ve also had success negotiating domestic violence cases. Call one of our defense lawyers at 414-270-0202 to schedule a free consultation to discuss how we can provide you domestic violence defense.
We defend all domestic violence cases.