Domestic violence charges are extremely serious. Not only are you facing potential jail time, but your reputation is also on the line. A conviction can have serious ramifications in all aspects of your life. Moreover, you may also be up against a system that has an interest in a rush to judgment and a quick conviction. You should never try to face the criminal justice system alone. Instead, you should always hire an experienced criminal defense attorney like Hogan Eickhoff to make sure that your legal rights are respected and to work to obtain the best possible outcome in your case.
Battery Charges in Wisconsin
Wisconsin does not necessarily have a separate law that applies only to domestic violence. You would be charged under the law of battery, although there are additional penalties that apply to certain situations. Battery is defined as: Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed.
Battery can become aggravated and rise to the level of a felony when there is “substantial bodily harm to another by an act done with intent to cause bodily harm to that person.” Felony battery can lead to a jail sentence of up to 15 years. There are some special circumstances that apply to battery charges when they occur in a domestic setting. Under Wisconsin law, when there is a domestic dispute, law enforcement may arrest the person who they believe is the predominant aggressor. The police officer who investigates a domestic violence call will identify the predominant aggressor based on a number of factors. However, police officers often make quick judgments based on what they see and hear in a limited amount of time, and they are not always correct. You could end up facing charges based on a certain snapshot in time, and these charges will have a major effect on your life.
You May Face a Rush to Judgement
Law enforcement does have a significant interest in acting to protect those who have made allegations of domestic violence. The last thing that they want is to face blowback because they failed to act, and a victim ends up seriously harmed. However, their excess of caution can also result in a rush to judgment of those who stand accused. In some respects, it means that you may feel like you are guilty until you are proven innocent, which stands in contrast to the way that the criminal justice system really should work. You need someone to tell your story before your reputation is destroyed. You still have rights, and you do not want your reputation destroyed when the allegations against you lack any basis in fact. Domestic violence allegations can also mean the possibility of a restraining order. This outcome can complicate your life in many ways. First, there is a stigma attached to being the subject of a restraining order. The order may be publicly searchable, and many others can see it and draw their own conclusions. Second, a restraining order can make it more difficult to spend time with your children, as pickups and dropoffs could be subject to additional rules and restrictions. Although Wisconsin law prohibits discrimination against those who have a criminal record, the fact that you have been convicted of domestic violence charges can make it impossible for you to get or keep certain types of positions. For example, you may not be allowed to work in a nursing home setting or around children.
Defenses to Domestic Violence Charges
If you have been charged with domestic violence, a conviction should by no means be automatic. No matter what is being conveyed to you, there is still a presumption of innocence until you are proven guilty. An experienced attorneys at Hogan Eickhoff can help defend you and will fight for your legal rights. We firmly believe that every client deserves a vigorous legal defense, no matter what type of charges they face or their severity. As we discussed, a domestic violence conviction can have wide reaching consequences. Your first step is to schedule a consultation on our website or you can contact us today at 920-450-9800 to schedule a free initial consultation.