Legal Question in Discrimination Law in Wisconsin

domentic and battling

l feeling l am not and was not guilt because this lady was in our business house and they wereboth battling me and since my husband was holding my handsl had to use my mount to get them out off me.do you think the judge will be in favuor for them since even the police are thier friends too.with all false accusation on me please help


Asked on 5/29/09, 8:27 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: domentic and battling

You do not indicate what, if anything, you were charged with. It would seem that you may be referring to charges of fifth degree assault. You should hire private counel immediately if that is the case.

A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assaulyt offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

For a consultation call 612.240.8005.

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Answered on 5/29/09, 10:40 pm
JAY Nixon nixon law offices

Domestic Abuse Charges, Available Self Defense Options

You are in urgent need of an experienced criminal lawyer. Domestic abuse charges carry lifelong repercussions adversely affecting ones employability and right to possess weapons, so you will want to request that your attorney try to negotiate a plea agreement which will not be recorded as a domestic abuse charge. If that is impossible, you have a right to trial by jury, and a claim of self defense may be available to you, assuming that you had no viable option to retreat or otherwise avoid using force against your attacker. My comments here are not intended as legal advice for you unless you subsequently retain me.

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Answered on 6/01/09, 8:39 am


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