Domestic Violence Laws: Crimes & Punishment
Being charged with a domestic violence crime can have a significant impact on your freedom, your parenting rights, and other important rights. Wisconsin has several laws to which you may be subjected if you are accused of domestic violence. Contact Hogan Eickhoff, in Appleton, at (920) 450-9800 to schedule a confidential consultation if you are charged with any of the crimes described below.FREE CONSULTATION
Simple, Substantial & Aggravated Battery
Wisconsin has three different types of battery charges.
1. Simple Battery
This form of battery involves intentionally causing bodily harm to someone else without that person’s consent. This crime is charged as a Class A misdemeanor, which carries a maximum penalty of 9 months in jail and a fine up to $10,000.
2. Substantial battery
This crime is charged if you cause substantial bodily harm to the victim with the intent to cause bodily harm. This crime is considered a Class I felony, punishable by 3.5 years imprisonment and a fine up to $10,000.
3. Aggravated battery
This crime can be charged as Class H or Class E felony. The Class H is charged if you cause great bodily harm to the victim with the intent to do so. This crime carries a maximum penalty of 6 years imprisonment and a fine up to $10,000. The Class E offense is charged if you cause great bodily harm to the victim with the intent to cause such harm. Its maximum penalty is 15 years imprisonment and a fine of $50,000.
Strangulation & Suffocation
If you intentionally interfere with the victim’s ability to breathe or their blood to circulate by applying pressure to their throat or neck or by blocking airflow into their nose or mouth, you can be charged with strangulation or suffocation. For a first-time offender, this is considered a Class H felony. If you have previously been convicted of this crime or of another violent crime, you can be charged with a Class G felony.
Stalking is the unwanted pursuit by another person. It is illegal when you know that your conduct would cause a reasonable person to be afraid of injury or death to him or herself or to his or her immediate family. This crime may be predicated by conduct such as following another person, showing up at the person’s home or workplace uninvited, vandalizing a person’s property, repeatedly calling the victim, or leaving written messages for the victim.
This crime can be charged as a Class I or Class H felony if the victim is a minor, the offender committed the same offense against the same target within the last seven years, or if information about the victim is gathered through electronic means. It can be charged as a Class F felony if a weapon is used.
Intimidation of Victims
Intimidation of a victim can be charged as a Class A misdemeanor or a Class G felony, depending on the circumstances surrounding the case. You can be charged with a Class A misdemeanor if you knowingly and maliciously prevent or dissuade the victim of a crime from taking certain action, such as:
- Making a police report
- Reporting the crime to a prosecutor or judge
- Preventing a complaint, indictment, or information from being filed or prosecuted
- Preventing assistance to the prosecutor
- Arresting or trying to have the victim arrested in connection with the domestic violence
The offense rises to the level of a felony if you try to prevent the victim from acting in any of the ways described above and also use or threaten violence to intimidate the victim, his or her immediate family, or someone else living with him or her. You can also be charged with a felony if you damage the victim’s property.
It is illegal to intentionally confine or restrain a person without that person’s consent and knowledge. This can result in being charged with a Class H felony.
Sometimes domestic violence may be charged as disorderly conduct. This charge can be lodged against you if you engage in abusive, violent, profane, or loud conduct in which others may be disturbed by it. This crime is charged as a Class B misdemeanor.
Criminal Damage to Property
Wisconsin criminalizes the act of intentionally causing damage to any tangible property owned by another person without that person’s consent. Individuals who commit this offense can be charged with a Class A misdemeanor.
Domestic Abuse Repeater
You can be given an enhanced sentence if you committed a crime during the 72 hours following an arrest for domestic violence or if you were convicted of a felony or misdemeanor on two or more separate occasions in which the court imposed a domestic abuse surcharge.
Violating a Restraining Order
The victim may secure a restraining order against you if he or she is afraid of you and wants to prevent further abuse. Violating the restraining order can result in a fine up to $1,000 or 9 months of incarceration.
Experienced Domestic Violence Lawyers
Contact the Hogan Eickhoff team today by calling (920) 450-9800, or request a consultation. Our firm is located in Appleton, and serves the state of Wisconsin including Green Bay, Oshkosh, Chilton, Waupaca, and beyond. In addition to representing clients accused of violent domestic crimes, we have experience with cases involving felonies, misdemeanors, sex offenses, property crimes, drug offenses, and violent crimes.