Self-Defense in Domestic Assault Cases

Domestic assault cases are always difficult, and the consequences of a conviction are severe. However, the fact is that if you were acting in self-defense, it can mitigate the charges – or even stop them from being leveled against you in the first place. If you’re facing domestic assault charges, failing to obtain the professional legal counsel you need from an experienced criminal defense lawyer could lead to devastating consequences.

The Charge of Domestic Abuse

The charge of domestic abuse in Wisconsin refers to any of the following actions taken by an adult against a spouse, former spouse, person with whom the adult shares a child or a person with whom the adult currently lives or formerly lived:

• Purposely inflicting illness or physical pain or injury on the other person
• Deliberately impairing the physical condition of the other person
• Sexually assaulting the other person
• Taking any physical actions that cause the other person to reasonably fear that any of the above wrongdoings are imminent

Whether an Arrest Is Made

The officer on the scene has the authority to arrest if he or she believes that the person being arrested has committed domestic abuse that amounts to a crime and that any of the following apply:

• The officer reasonably believes that the alleged domestic abuse is likely to continue 
• The alleged victim shows signs of having been physically injured
• The person being arrested is considered the predominant aggressor (whether the person was acting in self-defense or defense of someone else can play a pivotal role in making this determination)

Facing Domestic Abuse Charges

When it comes to domestic abuse charges, it often comes down to what each of the two people involved says about the other person. This fact means it can be very difficult to defend yourself against such charges – it can amount to attempting to prove a negative (proving that something didn’t happen). If the charge relates to a case of you attempting to defend yourself or someone else against impending abuse, however, it can amount to a solid defense. 

Ultimately, the prosecutor decides whether the state will move forward with charges or drop them due to a lack of evidence (because the alleged victim does not press the charges, he or she similarly cannot drop them). The prosecutor’s decisions regarding whether to press forward or not will be based on evidence – just as the jury’s decision will be if the case goes to court. If you’re facing domestic abuse charges that are based on your self-defense efforts, a knowledgeable criminal defense attorney can help.

Call Cohen Law Offices Today

If you face domestic abuse charges, call the criminal defense attorneys at Cohen Law Offices at (715) 514-5051 today. We are committed to working closely with you in a dedicated effort to build your strongest defense in support of your case’s most favorable resolution.