Domestic Violence Lawyer & Spousal Abuse Attorney

As a domestic violence lawyer, I understand the complexities and unique challenges surrounding domestic violence cases. These cases are aggressively prosecuted in our state, and the implications for the families involved can be far-reaching. This article provides an in-depth review of domestic violence charges in Wisconsin, including the penalties involved, and the ways in which a domestic violence lawyer can help those facing such charges.

If you were charged with domestic violence, I invite you to call my office at 608-271-2271 to schedule a FREE CONSULTATION. At Avena Law Office, we offer affordable fees and fixed-fee representation for most cases. For our clients’ convenience, we also accept credit card payments.

Avena Law Office proudly serves residents of Madison and the surrounding communities, including Maple Bluff, Burke, Waunakee, Ashton, Middleton, Five Points, Fitchburg, Verona, McFarland, Cottage Grove, Monona, Oregon, and throughout Wisconsin.

What Is Domestic Violence?

In Wisconsin, domestic violence is not considered a standalone crime or charge. Rather, it serves as an enhancer to other crimes such as disorderly conduct, battery, strangulation, and more. As an experienced Madison domestic violence attorney, I am well-versed in the intricacies of these cases and the statutes that apply to them.

What Are The Penalties For A Domestic Violence Charge in Wisconsin?

The state of Wisconsin relies on battery statutes when addressing domestic violence situations. There are three distinct types of battery, each with varying levels of severity:

  • Battery. This entails intentionally causing bodily harm to another person without their consent. Classified as a Class A misdemeanor, this charge can result in up to 9 months of confinement and a fine of up to $10,000.
  • Substantial Battery. This involves intentionally causing substantial bodily harm to another individual. As a Class I felony, this charge is punishable by up to 3.5 years in prison and a fine of up to $10,000.
  • Aggravated Battery. This occurs when great bodily harm is inflicted upon another person, either with the intent to cause bodily harm (Class H felony) or with the intent to cause great bodily harm (Class E felony). A Class H felony can carry a maximum penalty of 6 years in prison and a $10,000 fine, while a Class E felony can result in up to 15 years in prison and a $50,000 fine.[1]

A domestic violence charge can potentially cost up to fifty thousand dollars and 15 years in prison. In many cases, these charges stem from misunderstandings between couples that have escalated or from individuals who are lying or exaggerating the truth.

As a Madison criminal defense lawyer, I have successfully negotiated multiple felonies down to misdemeanors, non-criminal tickets, and even secured outright dismissal of charges. Whether through negotiation or jury trial, I am committed to representing my clients’ interests to the fullest extent under criminal law.

Do Repeat Domestic Violence Offenders Face Increased Penalties?

As a domestic violence attorney, I am acutely aware of the severe penalties that can result from a conviction. Repeat offenders, in particular, face more serious consequences, as outlined in Section 939.621 of the Wisconsin Statutes. Domestic violence repeater charges carry an additional two years of imprisonment, and misdemeanor charges are increased to felonies.

A defendant is considered a repeater under two circumstances:

  • If they are arrested for an act of domestic violence and then commit another domestic violence offense within 72 hours, or
  • If they have been convicted of a domestic violence offense on two separate occasions within the last ten years and then commit a new offense within that ten-year window.

How Can a Wisconsin Domestic Violence Attorney Help?

As a Madison domestic violence lawyer, my role is to provide guidance, support, and aggressive representation for those facing domestic violence charges. I understand that emotions can run high in these cases, and the truth may not always be reflected in police reports.

It is crucial to have a spousal abuse defense attorney on your side who can advocate for your rights and ensure your side of the story is heard. I can help by:

  • Investigating the facts of the case and gathering evidence to support your defense.
  • Negotiating with prosecutors to reduce or dismiss charges, when appropriate.
  • Representing you in court and presenting a strong defense on your behalf.
  • Assisting with any related family court issues, such as child placement.

If you or a loved one is facing domestic violence charges, I encourage you to reach out to Avena Law Office to schedule a FREE CONSULTATION. As a Madison domestic violence defense attorney, I am dedicated to providing compassionate, aggressive representation for those facing these challenging circumstances. If you need assistance navigating the legal system and fighting for your rights, please do not hesitate to reach out today.

[1] Wis. Stat. Ann. Section 940.19.