3 Common Defense Strategies for Those Facing Domestic Violence Charges

 Posted on October 13, 2022 in Criminal Defense

Being accused of domestic violence can be a very frightening experience. Your entire life can be affected, just based on the allegations that you were violent or abusive toward a family member. If you have been charged with domestic violence in Wisconsin, it is important to understand the possible defenses that may be available to you. An experienced defense attorney can help you navigate the criminal justice system and protect your rights.

Wisconsin’s Mandatory Arrest Laws

When the police respond to a domestic violence call in Wisconsin, they are required to make an arrest under certain circumstances. Specifically, an officer shall arrest a person that the officer reasonably believes has committed or is committing domestic abuse, the person’s actions constitute a crime, AND one of the of the following is true:

• The officer believes that continued abuse is likely against the alleged victim.

• The alleged victim shows evidence of physical injury.

• The officer believes that the arrestee is the primary aggressor.

In the chaos of a potential domestic violence situation, however, it can be almost impossible for an officer to determine which person is the primary aggressor and which is the victim. Many studies have shown that the wrong person is arrested more often than one might think—and men are far more likely to be wrongfully arrested than women are.

Defenses to Domestic Violence Charges in Wisconsin

There are a number of different ways to defend against domestic violence charges in Wisconsin. The specific defense strategy that will work best in your case will depend on the facts and circumstances of your particular case.

Some of the most common defenses to domestic violence charges include:

• Self-defense: You may be able to argue that you only used force against your accuser in self-defense. In order for this defense to be successful, you will need to show that you reasonably believed that you were in imminent danger of unlawful force being used against you and that the amount of force you used was necessary to prevent the imminent use of unlawful force.

• The accuser is not credible: If the credibility of your accuser is called into question, it may make it more difficult for the prosecutor to prove their case beyond a reasonable doubt. There are a number of different ways to attack an accuser's credibility, including if they have been convicted of perjury or if they have made false accusations in the past.

• Insufficient evidence: In order for you to be convicted of domestic violence, the prosecutor must be able to prove their case against you beyond a reasonable doubt. If there is insufficient evidence to meet this high burden of proof, then you cannot be convicted.

Contact a Waukesha County Domestic Violence Defense Attorney

If you have been charged with domestic violence in Wisconsin, it is important to understand the possible defenses that may be available to you. An experienced Milwaukee County criminal defense attorney can evaluate the facts and circumstances of your case and help develop the best defense strategy for your situation. Call 262-303-4916 to schedule a free consultation and case review at Bucher Law Group, LLC today. We will work hard to ensure that rights and best interests are fully protected.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/968/07

https://leg.mt.gov/content/Committees/Interim/2017-2018/Law-and-Justice/Meetings/July-2018/Exhibits/LJIC-July16-2018-Ex30.pdf