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wisconsin domestic violence defense lawyerOne of the most debilitating, malignant, yet elusive social issues that plagues the United States today is domestic abuse. This form of violence occurs more often than anyone would care to admit; the National Intimate Partner and Sexual Violence Survey reported that around 1 in 4 women and 1 in 10 men reported experiencing physical violence, sexual violence and/or stalking in their lifetimes. Laws surrounding these crimes are now typically punished harshly and when possible, to the fullest extent of the law. In some cases, the officers may have no choice but to arrest the alleged suspect, due to the mandatory arrest policy for domestic violence situations.

How Domestic Arrests are Determined

Wisconsin law outlines a variety of situations in which arrests must be made after a domestic violence call has been made. If the police are called to the scene, they are required to make an arrest if they determine that a person is committing or has committed domestic abuse consistent with a crime against a family or household member, and one of the following is true:

  • The officer has reason to believe that such domestic abuse is likely to continue.

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Waukesha County criminal defense attorney for battery charges

Crimes of violence are taken rather seriously in the state of Wisconsin. Even crimes like battery, which is sometimes less serious than other violent crimes, are charged and prosecuted to the fullest extent of the law. Being convicted of battery can be a serious crime, especially when it is charged as a felony. Not all battery crimes are charged as felonies. In general, battery is charged as a Class A misdemeanor, which comes with a potential sentence of up to nine months in jail and up to $10,000 in fines. In many cases, battery crimes are charged as various felonies, which can vary in severity. 

“Bodily Harm” Versus “Great Bodily Harm”

One of the easiest ways your battery charge can be elevated from a misdemeanor to a felony is by the amount of damage that is inflicted upon the victim and the perpetrator’s intent. Wisconsin law states that a misdemeanor battery crime is characterized by a person causing “bodily harm.” However, if a person is found to have inflicted “substantial bodily harm,” the charge is elevated to a Class I felony with a potential sentence of up to 3.5 years in prison and up to $10,000 in fines. Likewise, a person can be charged with a Class H or Class E felony if they caused “great bodily harm” and they intended to cause some sort of harm. Class H felonies come with up to six years in prison and up to $10,000 in fines, while Class E felonies come with up to 15 years in prison with up to $50,000 in fines.

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Milwaukee assault and battery defense attorney

Being accused of any crime is a serious matter, but being accused of a violent offense often has much more significant consequences. Violent crimes tend to carry stiffer penalties than others. In most cases, these crimes carry the possibility of many different punishments, such as jail time, fines, probation, and a permanent criminal record. If you have been accused of committing assault and/or battery in Wisconsin, it can have a lasting impact on your personal and professional life. Therefore, it is crucial to speak to a criminal defense lawyer who can help build a strong defense on your behalf.

What Is Assault?

In a general sense, an assault occurs when an individual causes another person to reasonably fear bodily harm. Physical contact does not have to be made for assault charges to apply in Wisconsin. In most cases, however, the act also involves a battery offense, which is the charge that prosecutors typically focus on.

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