Dropping Domestic Abuse Charges: Urgent Information for Those Charged with Domestic Violence
When facing domestic violence charges, it’s crucial to understand the legal process, rights, and potential paths to dropping these charges. Domestic violence cases in Wisconsin can lead to severe penalties, including up to 9 months in jail, substantial fines, and other consequences. Here, we provide essential information on navigating this challenging situation.
Penalties for Misdemeanor Battery in Wisconsin
Domestic violence charges often involve misdemeanor battery. If convicted, you could face:
- Up to 9 months in jail
- Hefty fines
- A $100 Domestic Violence fee
- Enhanced penalties for using weapons
These charges can also be bundled with other offenses like assault, battery, and domestic disorderly conduct, further increasing potential fines and jail time.
Steps to Dropping Domestic Abuse (Violence) Charges
Successfully navigating domestic violence charges requires careful steps. Here’s what you should consider:
1. Consult with an Attorney about Dropping Domestic Abuse Charges
Seek legal counsel to assess the evidence, potential witnesses, and the alleged victim’s intentions. Avoid rushing into a plea bargain without professional guidance.
2. Comply with No-Contact Orders
During the 72-hour no-contact period, stay away from the alleged victim’s residence and avoid any form of contact. Enroll in anger management or domestic violence counseling to demonstrate responsibility.
3. Exercise Caution in Communication
Remember that anything you say can be used against you. It’s best to remain silent or follow your attorney’s advice when dealing with law enforcement or the prosecution.
In summary, securing legal representation, respecting no-contact orders, and demonstrating responsibility are vital when you want the state to agree to dropping domestic abuse (violence) charges.
Dropping Domestic Abuse (Violence) Charges: Can the Victim Do It?
Victims typically can’t directly drop domestic violence charges as they’re initiated by the state. However, there are steps victims can take:
Modify Bond Conditions
Within the 72-hour period, victims can sign a waiver allowing contact. Consult with a domestic battery defense lawyer to facilitate this process.
Present Evidence to the Court
If there’s compelling evidence suggesting that the charges can’t be proven beyond a reasonable doubt, the DA might consider dismissing the case. It’s crucial to hire an experienced lawyer who can build a strong case for the defendant.
Request to Confer
Victims can request discussions with the prosecutor, though the final decisions rest with the prosecution. These discussions can include potential plea agreements, sentencing recommendations, and disposition information.
FAQs: Dropping Domestic Abuse (Violence) Charges
Q1: Can I drop domestic violence charges after they’ve been filed?
A1: No, victims can’t directly drop charges. The state or government initiates domestic violence charges.
Q2: What happens if the alleged victim doesn’t show up in court?
A2: While the absence of a subpoenaed victim may lead to dismissal, evidence like video footage can still be used to pursue charges.
If you’re facing domestic violence charges in Wisconsin, our experienced criminal defense attorneys at Dahlberg Law Group are here to help. We specialize in domestic violence cases and can protect your rights. Contact us today for a free consultation.
Refuting the Evidence for Dropping Domestic Abuse (Violence) Charges
Domestic violence cases often start with witnesses reporting incidents to local law enforcement. However, it’s crucial to remember that not all reported cases lead to convictions. Victims who wish to drop charges or support the defense can play a significant role in refuting the evidence presented. This may involve:
- Testifying on behalf of the defendant
- Providing context for the alleged incident
- Discrediting witness statements
- Explaining the situation as a private matter
Working closely with the defense lawyer can help build a strong case and challenge witness statements that may lack credibility or relevance to the case.
In conclusion, when facing domestic violence charges, it’s essential to have a skilled criminal defense lawyer by your side. They can protect your rights, negotiate plea bargains, and guide you through the legal process effectively if you are not successful in dropping domestic abuse charges.