Legal Question in Criminal Law in Wisconsin

Dear Law guru

I am facing battery of a peace officer, resisting an officer, and disorderly conduct. I am a combat veteran battling PTSD and my PTSD made me become combative...I have a Public Defender and all he can get me is 4 months in Jail and 2 years probation... is that a good deal or should i take it all the way to trial.

Asked on 3/17/09, 4:24 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Battery to Peace Officer by Iraqi Vet Suffering from PTSD

You should seek a second opinion from a different lawyer if you are not sure that the deal negotiated by your public defender is the best one possible. Many attorneys will provide this service "off the record" for minimal money. Without reviewing all the reports, medical records and witness statements, it is impossible to second guess your attorney in this online forum. One of the most important factors will be your own treatment record and to what extent you are cooperating with the recommendations of your doctors who treat your battlefield disorders. Generally speaking, however, battery to a Peace Officer, is a major felony which often results in prison time. It is therefore possible that you are already getting some consideration for your disorders. On the other hand, if any mental disorder including PTSD is so severe that you did not know the difference between right and wrong at the time of the offense, you might be acquitted by a jury due to a mental disease or defect. These comments are not intended as legal advice to you unless you subsequently retain me, rather, you need to hire your own attorney for a second opinion or to take over your case entirely.

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Answered on 3/22/09, 10:34 am

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