Are Courts More Lenient with Women in Domestic Violence Cases?

Domestic violence is a crime that affects both genders. One in seven men are victims of domestic abuse in a household. There has been a popular perception that women who are charged with the crime receive more lenient treatment. However, Wisconsin domestic abuse laws are gender-neutral and, when they are applied fairly, women receive the same punishment as men.

However, statistics show that many of the domestic violence arrests of women do not end up resulting in criminal charges. One study showed that prosecutors rejected charges in nearly half of the cases of domestic violence cases against women. In 16% of these cases, prosecutors filed charges that were then dismissed by the judge.

Each Domestic Violence Charge Stands on its Own

Nonetheless, it is hard to say that this high proportion of charges not being filed or dismissed is the result of any structural bias towards leniency. Every situation involving domestic violence involves officers who are called to a scene where there is an ongoing incident and, usually, high tension. They are required to make a snap judgment on the spot whether to arrest anyone and who. In the back of their minds, they are also thinking about whether they need to err on the side of caution in making expansive arrests because there are possible repercussions when officers do not make arrests and then someone is injured or killed.

The officer may sometimes arrest the wrong person at the scene or decide to arrest both people. The police officer is doing whatever they feel they need to at the time to defuse the situation. This could lead to mistakes in arrests and charges.

However, there is a long way from an arrest to having probable cause to charge someone in court with a crime. The fact that many cases end up being dropped between the arrest and court shows the importance of having an attorney represent you in a domestic violence case. Many arrests are a result of a misunderstanding, and the prosecutor can be persuaded not to file charges after your attorney tells your side of the story.

Rather than looking at domestic abuse punishments in terms of statistics, it is better to focus on the details of your specific case. The first thing that you should do is hire an attorney. Your lawyer can:

●    Keep you from incriminating yourself to law enforcement if they try to speak to you after the arrest

●    Speak to law enforcement and tell your side of what happened so that they may be persuaded not to file charges

●    Defend you from the charges if you choose to try to fight them in court

●    Negotiate for a lesser charge that could minimize the impact that a domestic violence conviction would have on your life

Contact a Domestic Violence Attorney

If you have been arrested on a domestic violence charge, call the experienced attorneys at Cohen Law Office at (715) 514-5051 or contact us online. In a domestic violence case, it is critical to have an attorney working for you early because it could impact whether you are charged and the severity of the charges.