Proposed Wisconsin Legislation May Increase Domestic Violence Penalties

January 25, 2012

As 2011 drew to a close, Representative Al Ott led a coalition of his colleagues to introduce a new domestic violence bill in the Wisconsin State Assembly. Assembly Bill 449 is a bi-partisan measure which seeks to increase the penalties for those with multiple domestic abuse convictions, and make felonies out of some offenses that were formerly only misdemeanor charges.

At the outset of 2012, Assembly Bill 449 has been referred to the Committee on Criminal Justice and Corrections and a companion bill is similarly situated in the Wisconsin Senate. If the measures pass muster in committee, they will next head to the full floor of their respective houses for consideration, and could become law in a matter of months. Thanks to Assembly Bill 449, 2012 may become an especially important year for those accused of domestic abuse to seek help from Milwaukee domestic violence lawyers.

Two Domestic Abuse Surcharges Within 10 Years Would Lead To Felony on Third

Those accused of domestic abuse in Wisconsin usually face straightforward misdemeanor charges such as battery, criminal property damage or disorderly conduct. When certain domestic abuse acts are committed against a spouse, former spouse, an adult with whom an offender lives or formerly lived with, or against an adult with whom the offender has created a child, a domestic abuse surcharge is added to the underlying criminal offense.

Under current law, a person who commits a domestic abuse crime (one in which a domestic abuse surcharge was imposed) within the 72 hours immediately following arrest for a domestic abuse incident faces the possibility of a two-year sentence enhancement in addition to any other potential penalties associated with the base offense. However, those convicted of domestic violence crimes committed outside of the 72 hour window rarely face increased penalties for multiple subsequent offenses.

If passed, Assembly Bill 449 would extend the two-year sentence enhancement to anyone previously convicted on two occasions of a domestic abuse crime in the 10 years preceding the commission of a third offense. The new enhancement would automatically bring felony status to the repeat domestic violence crimes it targets.

Safeguard Your Rights

Beyond the possibility of a lengthy prison term, any felony conviction carries significant long-term consequences, such a lifetime prohibition on the right to carry or possess a firearm. If you have been accused of domestic abuse, it is imperative to protect your rights: contact an experienced criminal defense attorney as soon as possible to find out more about fighting domestic violence charges.

Article provided by Huppertz & Dorow, S.C.
Visit us at www.waukeshacriminalattorneys.com