Violent Crimes
Being accused of a violent crime can be overwhelming. The possibility of prison time, substantial fines, and lasting damage to your reputation can create a sense of uncertainty and fear. In such arrest situations, it’s easy to feel powerless and unsure of what steps to take next.
But even when the system seems unduly rough, you have rights and options. Nathan J. Dineen Attorney at Law, understands the seriousness of these charges and the overwhelming challenges they create. Fortunately, he is prepared to provide aggressive and experienced defense to protect your future.
What Are Violent Crimes in Wisconsin?
These classifications align with charges considering such factors as intent, the degree of injury inflicted, and whether a weapon was in play. The seriousness of a violent crime often determines how quickly law enforcement agencies and prosecutors gather evidence, interview witnesses, and obtain reports related to injuries or weapons.
While the law does provide some clear definitions for specific violent incidents, determining if an act constitutes a violent crime can be quite complex. Misunderstandings or false accusations can result in charges before all the facts have been considered.
A strong legal defense can protect the rights of an accused person by ensuring that all relevant facts are thoroughly considered. Wisconsin Statutes (Chapter 940) outline various types of crimes, including:
Battery
This is the act of causing harm to another person. It can range from simple battery, which is a misdemeanor, to aggravated battery, which is treated as a felony because it often involves substantial injury or weapon involvement.
Battery in Special Circumstances
Section 940.20 defines battery against certain persons, such as public officers, law enforcement officers, and health care providers. This section provides enhanced penalties for battery in these special circumstances.
Robbery
This applies to property crime committed by one person with force or the threat of force. It is a felony and carries higher punishments depending on the use and type of weapons or the kind and degree of injury.
Homicide
This is the most serious crime of violence involving the unlawful killing of another person. It includes various degrees, from first-degree intentional homicide to reckless homicide, each carrying significant prison sentences, potentially life imprisonment.
Sexual Assault
The law of sexual assault covers the offense of sexual contact or sexual intercourse without consent. It is a serious felony criminal offense and has various levels of criminality depending upon the age of the victim, whether force was used, and/or whether injury was inflicted.
Domestic Violence
It's not a crime by itself. It's connected to different types of crimes that involve battery, assault, or disorderly conduct against an intimate relation or family member. An offense of domestic violence is usually punishable through extensive penalty application and may include more exclusionary measures.
What is the Most Common Violent Crime in Wisconsin?
In Wisconsin, aggravated assault is a very common offense among violent crimes. Usually, fights in bars result in accidental injuries. Additionally, domestic violence incidents are a frequent cause of violent crime reports. Law enforcement officers usually refer to such cases as domestic incidents, especially when they occur within households.
Any injury, regardless of how minor, can be charged if there is proof suggesting an intent to harm. In recent years, domestic violence accusations have increasingly resulted in arrests or restraining orders. Such cases are often very sensitive and complicated, owing to many underlying factors, such as strong emotions and interpersonal relationships.
Sometimes, false accusations arise out of personal motives. A strong legal defense is vital to manage these issues, protect your rights, and ensure your side of the story is heard. A criminal defense attorney can investigate the incident type, uncover potential biases, and develop a solid defense strategy.
Penalties for Violent Crimes
Jail or Prison Time
Misdemeanor battery can earn you up to nine months in jail. Felony offenses, such as aggravated battery and armed robbery, carry more severe penalties.
For instance, armed robbery is classified as a Class C felony, punishable by up to 40 years in state prison and fines up to $100,000. Depending on their classification, homicide offenses can lead to life imprisonment.
Fines
Misdemeanor offenses in Wisconsin can result in fines, with amounts varying based on the specific classification of the misdemeanor. Felony offenses, such as armed robbery (a Class C felony), can lead to fines of up to $100,000.
Restitution
Wisconsin courts may order offenders to pay restitution to crime victims for expenses such as medical bills or lost income resulting from the crime.
Probation or Parole
After serving a prison sentence, individuals may be placed under extended supervision (parole). Violating probation or parole conditions can lead to additional crime penalties, including incarceration.
Criminal Record
A conviction for a violent crime in Wisconsin results in a permanent criminal record, which can hinder opportunities for employment, housing, and the right to possess firearms.
Defending Against Violent Crime Charges
The fact that you have been accused of a violent crime means an arrest warrant does not automatically result in a conviction. Prosecutors build their cases on witness statements, injuries, and weapons, all of which can be challenged.
At Nathan J. Dineen Attorney at Law, we conduct our investigation into the allegations against you. Some of our possible strategies include:
Self-Defense
We show that your actions were necessary to protect yourself or others from immediate danger. Under Wisconsin law, self-defense is justified if you reasonably believe that the application of force is necessary to prevent bodily harm or death.
Through witness statements, scene analysis, and evidence review, we can show that your response was proportional to the threat faced.
False Accusations
We investigate for inconsistencies and ulterior motives. False accusations can arise from personal conflicts, custody battles, or attempts to gain an advantage in legal matters. By examining the accuser’s statements, background, and relationships, we expose discrepancies that challenge their credibility.
Lack of Intent
We argue that the act was accidental or unintentional. Wisconsin law often requires proof of intent for a violent crime conviction. With contextual evidence and witness testimony, we seek to prove that the act was not planned but was the product of misunderstanding, reflex, or events outside of your control.
Mistaken Identity
We create a reasonable doubt by presenting evidence on your behalf, establishing that you did not commit the crime. Through alibis, video footage, forensic evidence, and other evidence that corroborates your evidence, we will create a strong defense for you to prove that you are the wrong defendant.
Constitutional Violations
We ensure that your rights are respected throughout the legal process. If law enforcement performs illegal searches, coerces a confession, or violates your Miranda Rights, we work to exclude that evidence.
Protect Your Rights with a Strong Defense!
A violent crime charge can lead to severe consequences, including prison time, substantial fines, and a permanent criminal record. The legal process can be overwhelming, but you don’t have to face it alone.
Nathan J. Dineen is a dedicated criminal defense attorney who will stand by your side. With a strategic, evidence-based approach, he will challenge the prosecution and fight to protect your rights.
