Building A Strong Defense Against Domestic Violence Charges

Domestic violence charges can have devastating consequences, not just for the accused but also for their loved ones. Once charged, it can be challenging to shake off the stigma and navigate the legal system. Building a strong defense is crucial if you want to protect your future and clear your name.

Domestic Violence Charges In Wisconsin

Depending on the circumstances of the incident, domestic violence may be considered a non-criminal citation, a misdemeanor, or a felony offense accompanied by significant penalties. In Wisconsin, there is no such thing as a domestic violence conviction. Instead, you may instead be charged with battery, disorderly conduct, strangulation, or other crimes that may apply to domestic violence situations.

Consequences for these charges range from a few months in prison to up to 15 years in prison and fines of up to $50,000. With stakes this high, crafting a robust defense against domestic violence charges is essential, so it’s important to do so in collaboration with an experienced domestic violence attorney.

Common Defenses Against Domestic Violence Charges

If you have been accused of domestic violence, remember that you are presumed innocent until proven guilty. Your charges may be dropped or dismissed if there is insufficient evidence to prove your guilt beyond a reasonable doubt. Domestic violence defense is not one-size-fits-all, but the following defense strategies have proven successful in many Wisconsin domestic violence cases:

Didn’t Do It: If your attorney can establish that you were not at the scene of the injury when the incident occurred, your charges will be dropped.
Self-defense: Self-defense can be claimed if you reasonably believed that you or someone else was in imminent danger of bodily harm and that using force was necessary to prevent that harm.
Accidental Injury: If you acted without intending to cause harm and did not act recklessly, your attorney may advise you to claim that the injury(s) occurred accidentally.
False Accusation: You may also be able to demonstrate to the prosecution that the alleged victim falsely accused you in vengeance or because of a vendetta.
Law Enforcement Errors/Misconduct: If law enforcement made investigative errors such as incomplete reporting, failure to collect physical evidence at the scene, or lack of probable cause to conduct a search or interrogation, your lawyer may assert that charges cannot be brought against you.

Your criminal defense attorney will review all of the evidence and help you determine which defense strategy is appropriate for your case.

The Stakes Are High In Domestic Violence Cases. Contact An Experienced Wisconsin Criminal Defense Attorney Today.

Your strongest defense strategy is your decision to work with an experienced criminal defense lawyer. Your attorney will be familiar with the domestic violence laws in Wisconsin and can ensure that your rights are protected throughout the legal process. They will negotiate with prosecutors on your behalf, potentially getting the charges against you reduced or even dropped altogether. In some cases, they may also be able to get a restraining order lifted or modified so that you can have contact with your family again.

Don’t try to go through these life-changing charges alone – an experienced domestic lawyer can make all the difference in the outcome of your case.

Remain Polite, Yet Reserved, During a Traffic Stop

Dinner with friends is over, so you get in your car and set your GPS for home. You start your engine, buckle your seatbelt, and head down the road. Suddenly, you see flashing police lights in your rearview mirror. You quickly make your way to a side street and stop your car.

You fear the worst when the officer gets out of their car and starts walking toward you. Why did they pull me over? What questions will they ask? Will they know I had a drink at dinner?

Be Polite, But Don’t Overshare

Traffic stops can be a nerve-wracking experience, especially if you have been drinking. But, regardless of what led them to turn their sirens on, your interaction with the officer who pulled you over can influence the outcome of the stop.

When speaking with law enforcement, always comply when requested to hand over your driver’s license, vehicle registration, and proof of insurance. Even though you may be upset at the prospect of a traffic ticket, observing basic social courtesies such as saying “please” and “thank you” can ease your interaction with the officer.

That said, you have a solid legal ground to stand on if you refuse to answer further questions the officer may ask.

If an officer asks you a question you are uncomfortable answering, you have the right to decline to respond. However, answering an officer’s questions at a traffic stop could lead to accidental self-incrimination. You do not want to say anything that could make the officer suspicious, and in most circumstances, sharing as little as possible is your best course of action.

Law enforcement is responsible for keeping a record of the traffic stop, and if you tell them that you have been drinking, your statement may even lead to DUI charges.

Exercise Your Right to Remain Silent

Even if you may not feel intoxicated after having one or two drinks before getting behind the wheel, you may unknowingly surpass the legal limit of .08% BAC. It is important to remember that you do not need to tell the officer that you have been drinking – even if they ask you directly.

The U.S. Constitution protects you from giving testimony that could incriminate you, and you should exercise this right when pulled over. If the officer asks you if you have been drinking or any other seemingly harmless question, calmly inform the officer that you will exercise your right to remain silent.

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