Seeking a domestic violence defense attorney? Contact Van Severen Law Office, S.C., a criminal defense law firm, for help: (414) 270-0202
The State of Wisconsin aggressively prosecutes domestic violence crimes. Wisconsin is a mandatory arrest state, meaning that law enforcement officers who believe domestic violence is occurring (or has occurred) must arrest the individual they identify as the aggressor. We recognizes that emotions often run high and victims regularly exaggerate claims. 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. Obviously retaining a top Wisconsin criminal defense lawyer is one of the best courses of action an individual facing these charges can take.
Section 968.075(4) of the Wisconsin Statutes encourages police officers to arrest domestic violence suspects. If he doesn’t, the law requires the police officer to prepare a written report stating why the person was not arrested. When faced with having to write another report, which route do you think the officer is going to go?
Domestic violence situations might not seem that serious. After all, domestic violence is just a title, right? Unfortunately, that’s not the whole story. First of all, a conviction for any kind of crime is serious enough. This even counts for lower-level criminal offenses we typically see in DV cases, such as misdemeanor battery, disorderly conduct, or criminal damage to property. Secondly, the domestic abuse modifier adds additional penalties – one of those being a lifetime ban on the defendant’s ability to possess a firearm. And finally, there’s a stigma attached to domestic violence charges. We recognize that all of these consequences, direct or not, are important.
Finally, the only way that we can help is if you call. You can reach our office 24/7 at (414) 270-0202. We offer free consultations to potential clients.
What is domestic abuse?
Section 968.075 of the Wisconsin Statutes defines domestic abuse. “Domestic abuse” isn’t a crime charged itself – it’s a modifier added to other crimes (like substantial battery or stalking). It 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. Once this prerequisite is satisfied, prosecutors can apply the domestic abuse modifier to another criminal charge.
Importantly, domestic violence charges only apply when certain relationships are involved. The first type of relationship is between the defendant and his spouse of former spouse. For example, this would include a situation where the defendant allegedly battered his wife. Boyfriend/girlfriend relationships do not count on their own. Boyfriend/girlfriend relationships do count when the individuals involved have a child together, which is the second scenario that can invoke DV charges. And finally, DV modifiers result when a criminal case involve the defendant and an adult he resides with, or formerly resided with. The final scenario gives rise to the possibility of domestic violence charges between siblings who live in the same home.
Repeated domestic violence charges:
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.
Our criminal defense lawyers provide winning domestic violence defense
It’s critical that you hire an experienced and aggressive Milwaukee defense attorney when facing a domestic violence charge. Van Severen Law Office 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.